Cal. Civ. Code § 89-8-5
Waiver of rights prohibited; provisions prohibited in rental agreement.
Operative Text
In any agreement, oral or written, for the rental of real property as a dwelling place, a landlord or tenant may not agree to waive or otherwise forego any of the rights, duties or remedies under this chapter, except as otherwise provided by this chapter. No rental agreement may provide that the tenant or the landlord: (a) Authorizes any person to confess judgment on a claim arising out of the rental agreement; or (b) Agrees to the exculpation or limitation of any liability of the landlord arising as a result of the landlord’s willful misconduct or the costs connected therewith. History Laws, 1991, ch. 478, § 3, eff from and after July 1, 1991.
Miss. Code Ann. § 89-8-5 establishes that neither landlords nor tenants can contractually surrender the rights, duties, or remedies granted by Mississippi's residential landlord-tenant chapter. Beyond that general prohibition, the law specifically bars two types of rental agreement clauses: one that would allow any person to enter a court judgment against a party without that party's active participation (a 'confession of judgment' clause), and one that would shield a landlord from liability for their own intentional wrongdoing or the costs that flow from it. These protections apply regardless of whether the rental agreement is written or verbal.
Plain English — not legal advice.
Property owners and managers operating under Miss. Code Ann. § 89-8-5 generally review their lease templates to ensure no clause purports to waive statutory rights on either side of the tenancy. Compliant operators do not include confession-of-judgment provisions or any language that limits or eliminates the landlord's exposure for willful misconduct. Because these prohibitions apply to oral agreements as well, operators who rely on verbal leases are equally bound by the same restrictions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Miss. Code Ann. § 89-8-5, tenants have a right to the full protections of Mississippi's residential landlord-tenant chapter, and any lease clause attempting to strip those rights is unenforceable. If a rental agreement contains a confession-of-judgment clause or a provision releasing the landlord from liability for intentional wrongdoing, a tenant may be able to raise the invalidity of that clause as a defense in a legal proceeding. Tenants who believe their lease contains prohibited provisions may benefit from consulting a tenant-rights organization or legal aid office familiar with Mississippi 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 October 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.