Cal. Civ. Code § 1
Liability exemptions
Operative Text
Liability exemptions. (a) Except as otherwise provided in subsection (b), every covenant, agreement, or understanding in or in connection with or collateral to any lease of real property, exempting the lessor from liability for damages for injuries to person or property caused by or resulting from the negligence of the lessor, his or her agents, servants or employees, in the operation or maintenance of the demised premises or the real property containing the demised premises shall be deemed to be void as against public policy and wholly unenforceable. (b) Subsection (a) does not apply to a provision in a non-residential lease that exempts the lessor from liability for property damage.
Under 765 Ill. Comp. Stat. 705 § 1, any clause in a lease that attempts to shield a landlord from liability for their own negligence—or the negligence of their agents or employees—in operating or maintaining a property is void and unenforceable as a matter of Illinois public policy. This rule applies to residential leases and, for personal injury claims, to non-residential leases as well. A narrow exception exists: in non-residential (commercial) leases, a clause exempting the landlord from liability for property damage specifically may still be valid.
Plain English — not legal advice.
Operators subject to 765 Ill. Comp. Stat. 705 § 1 generally understand that lease language purporting to waive tenant claims arising from landlord negligence in property operation or maintenance will not be enforced in Illinois residential contexts. Compliant property managers typically focus on maintaining premises to a reasonable standard of care rather than relying on exculpatory lease clauses for protection. Commercial landlords should note that the property-damage exemption carve-out in subsection (b) applies only to non-residential leases and does not extend to personal injury claims even in those settings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 765 Ill. Comp. Stat. 705 § 1, a tenant who is injured or suffers property damage due to a landlord's negligence in maintaining the premises retains the right to seek damages, even if the lease contains language that purports to waive that right. Such exculpatory clauses are declared void as against public policy in Illinois, meaning a tenant may raise the unenforceability of such a clause as a defense or basis for a claim. Tenants who believe this provision is relevant to their situation may wish to consult a tenant-rights organization or legal aid service for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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