Cal. Civ. Code § 218
Waiver of rights void
Operative Text
* § 218. Waiver of rights void. Any agreement by a tenant heretofore or hereinafter entered into in a written lease or other rental agreement waiving or modifying their rights as set forth in this article shall be void as contrary to public policy. * NB Repealed June 15, 2034
Under N.Y. Real Prop. Law § 218, any clause in a written lease or rental agreement that attempts to have a tenant give up or reduce the rights granted by Article 7 of the Real Property Law is legally void and unenforceable as a matter of public policy. This applies to agreements made before or after the statute's enactment. The provision is currently scheduled to be repealed on June 15, 2034.
Plain English — not legal advice.
Operators subject to N.Y. Real Prop. Law § 218 generally ensure that their lease forms and rental agreements do not contain clauses that purport to waive or limit tenant rights established under Article 7 of the Real Property Law. Including such clauses does not make them enforceable — courts treat them as void regardless of whether a tenant signed the agreement. Compliance-minded property managers periodically review their standard lease language to confirm no such provisions have been inadvertently included.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Law § 218 means that a tenant does not lose the protections afforded by Article 7 of the Real Property Law simply because a lease contains language purporting to waive those rights. If a landlord attempts to enforce such a clause, tenants may raise the provision's nullifying effect as a defense in a housing proceeding. Tenants who believe a waiver clause is being used against them can consult a local tenant-rights organization or a rent board, if one applies to their tenancy, to understand the general enforcement paths available.
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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