Cal. Civ. Code § 15
Non-liability of landlord; provisions in lease or rental agreement
Operative Text
Section 15. Any provision of a lease or other rental agreement relating to real property whereby a lessee or tenant enters into a covenant, agreement or contract, by the use of any words whatsoever, the effect of which is to indemnify the lessor or landlord or hold the lessor or landlord harmless, or preclude or exonerate the lessor or landlord from any or all liability to the lessee or tenant, or to any other person, for any injury, loss, damage or liability arising from any omission, fault, negligence or other misconduct of the lessor or landlord on or about the leased or rented premises or on or about any elevators, stairways, hallways or other appurtenance used in connection therewith, shall be deemed to be against public policy and void.
Mass. Gen. Laws c. 186 § 15 renders unenforceable any clause in a residential or real-property lease that would shield a landlord from liability for their own negligence, omissions, or other misconduct on or around the rented premises—including common areas like elevators, stairways, and hallways. No matter how such a clause is worded, Massachusetts law treats it as contrary to public policy and void from the outset. The rule means that a landlord cannot contractually transfer responsibility for their own wrongdoing to a tenant in advance.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 186 § 15, lease provisions that attempt to indemnify the landlord or waive tenant claims arising from the landlord's own negligence or misconduct are void and unenforceable as written. Compliant operators generally review their lease templates to remove or avoid including such clauses, understanding that their presence offers no legal protection and may signal broader compliance concerns. Maintaining safe premises and carrying appropriate liability insurance are the recognized ways operators manage exposure, rather than relying on contractual exculpatory language.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 186 § 15 protects tenants by voiding any lease language that purports to waive a landlord's liability for injuries or damages caused by the landlord's own negligence or misconduct on the property or in shared spaces. If a landlord attempts to enforce such a clause—for example, by denying responsibility for an injury in a common stairway—tenants may raise the provision's invalidity as a defense in any related legal proceeding. Tenants who encounter such clauses or face related disputes can explore their options by contacting a local tenant-rights organization or a housing attorney familiar with Massachusetts law.
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 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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