Cal. Civ. Code § 10
Waiver of Provisions. Any provision of a lease whereby any provisions of this Act are waived is declared void
Operative Text
Waiver of Provisions. Any provision of a lease whereby any provisions of this Act are waived is declared void.
Under 765 Ill. Comp. Stat. 742 § 10, any clause in a lease agreement that attempts to waive or sign away the protections established by this Act is legally void and unenforceable. The rule ensures that the rights and obligations created by the Act cannot be contracted away through private agreement. Even if both parties sign a lease containing such a waiver, that specific clause carries no legal weight.
Plain English — not legal advice.
Operators subject to 765 Ill. Comp. Stat. 742 § 10 generally review their lease forms to ensure no clause purports to have tenants surrender rights granted by this Act. A compliant lease omits any language that could be read as a blanket waiver of the Act's protections, even if framed as a mutual agreement. Lease templates sourced from other jurisdictions or older forms are commonly audited for such provisions before use.
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. 742 § 10, a tenant cannot be stripped of the Act's protections simply because a lease contains language purporting to waive them — such clauses are void by operation of law. If a landlord attempts to enforce a lease provision that conflicts with this Act, a tenant may be able to raise the invalidity of that clause as a defense in a legal proceeding. Tenant-rights organizations familiar with Illinois housing law can help explain what protections the Act provides and what options may be available when a lease contains questionable waiver language.
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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