Cal. Civ. Code § 5-321
Agreements exempting lessors from liability for negligence void and unenforceable
Operative Text
§ 5-321. Agreements exempting lessors from liability for negligence void and unenforceable. 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 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.
Under N.Y. Gen. Oblig. Law § 5-321, any clause in a residential or real property 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 the property is void and has no legal effect. New York treats such clauses as contrary to public policy, meaning courts will not enforce them regardless of whether a tenant signed the lease containing them. The rule applies to injuries to both persons and property that result from negligent operation or maintenance of the leased premises.
Plain English — not legal advice.
Property owners and managers operating under N.Y. Gen. Oblig. Law § 5-321 should be aware that lease provisions attempting to waive tenant claims arising from landlord negligence in maintaining or operating the premises carry no legal weight in New York. Compliant operators generally focus on maintaining safe premises and carrying adequate liability insurance rather than relying on exculpatory lease language. Including such clauses in a lease does not reduce exposure to negligence claims and may draw scrutiny to the lease agreement itself.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Gen. Oblig. Law § 5-321 means that even if a tenant signed a lease containing a clause purporting to release the landlord from liability for negligence, that clause cannot be used to block a valid negligence claim for injuries or property damage caused by the landlord's failure to properly operate or maintain the premises. Tenants who believe they have been harmed by a landlord's negligence may raise the unenforceability of such a clause as a defense or basis for a claim in court. Consulting a tenant-rights organization or legal aid office can help a tenant understand how this provision may apply to their circumstances.
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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