Cal. Civ. Code § 12
Stay of proceedings; validity of waiver in lease
Operative Text
Section 12. Any provision of a lease whereby a lessee or tenant waives the benefits of any provision of sections nine to thirteen, inclusive, shall be deemed to be against public policy and void.
Massachusetts General Laws c. 239 § 12 establishes that any clause in a lease agreement that attempts to have a tenant give up the protections found in sections 9 through 13 of the same chapter is treated as contrary to public policy and has no legal force. This means those protections cannot be contracted away, regardless of what a lease document says. The rule applies automatically, so the underlying tenant protections remain intact even if a lease purports to eliminate them.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 239 § 12, lease provisions that attempt to strip tenants of the protections established in sections 9 through 13 are unenforceable as a matter of law. Operators who include such waiver clauses in their lease agreements cannot rely on them in court proceedings. Compliant property managers generally review their lease templates to ensure no language purports to waive these statutory protections, since such clauses carry no legal weight and may complicate summary process proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 239 § 12 means that even if a lease you signed contains language saying you gave up rights under sections 9 through 13, that language is void and those rights remain available to you. If a landlord attempts to rely on such a waiver clause in an eviction or summary process proceeding, the invalidity of that clause can be raised as a defense. Tenants who believe a waiver clause is being used against them may find it helpful to consult a local tenant-rights organization or legal aid office familiar with Massachusetts housing 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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