Cal. Civ. Code § 780
Waiver void
Operative Text
§ 780. Waiver void. Any provision of a lease or other agreement whereby any provision of this article for the benefit of a tenant, resident or occupant of a dwelling is waived, shall be deemed against public policy and shall be void.
N.Y. Real Prop. Acts & Proc. Law § 780 establishes that any clause in a lease or other agreement that purports to waive a tenant-protective provision of the article is considered contrary to public policy and has no legal force. In other words, the protections built into this article cannot be signed away, regardless of what a lease document says. The rule operates automatically — a waiver clause does not become enforceable simply because a tenant agreed to it in writing.
Plain English — not legal advice.
Under N.Y. Real Prop. Acts & Proc. Law § 780, lease provisions that attempt to have tenants relinquish statutory protections afforded by this article are unenforceable as a matter of law. Compliant operators generally review lease templates to ensure no clause purports to waive tenant rights covered by this article, since such clauses carry no legal weight and may complicate enforcement of other lease terms. Property managers working with legal counsel typically audit standard lease language with this non-waiver rule in mind.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Acts & Proc. Law § 780 means that even if a lease you signed contains language waiving rights granted under this article, that language is void and cannot be used against you. Tenants who believe a landlord is relying on such a waiver clause to deny them statutory protections may raise the provision as a defense in a housing proceeding. Tenant-rights organizations and local rent boards can be useful starting points for understanding how § 780 applies to a particular lease clause.
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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