Cal. Civ. Code § 235-C
Unconscionable lease or clause
Operative Text
§ 235-c. Unconscionable lease or clause. 1. If the court as a matter of law finds a lease or any clause of the lease to have been unconscionable at the time it was made the court may refuse to enforce the lease, or it may enforce the remainder of the lease without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result. 2. When it is claimed or appears to the court that a lease or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose and effect to aid the court in making the determination.
Under N.Y. Real Prop. Law § 235-C, a court that determines a lease or one of its clauses was unconscionable at the time it was signed has several options: it may refuse to enforce the entire lease, strike only the offending clause while keeping the rest of the agreement intact, or narrow the clause's application to eliminate an unconscionable outcome. Before making that determination, the court must give all parties a fair chance to introduce evidence about the context, purpose, and practical effect of the disputed lease or clause. The doctrine is a matter of law, meaning the judge — not a jury — makes the ultimate call.
Plain English — not legal advice.
Property owners and managers operating under N.Y. Real Prop. Law § 235-C generally review lease terms to ensure they do not impose one-sided obligations that a court could later find unconscionable at the time of signing. Compliant operators typically avoid clauses that strip tenants of basic statutory protections, impose disproportionate penalties, or exploit a significant disparity in bargaining power. Because a court can void an offending clause while leaving the rest of the lease enforceable, operators often audit their standard lease forms to identify and revise provisions that could be vulnerable to a § 235-C challenge.
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 § 235-C gives tenants a basis to ask a court to invalidate a lease clause — or the entire lease — that was unconscionable when it was signed, such as a term that waives fundamental rights or imposes grossly unfair conditions. Tenants who believe a clause in their lease may meet that standard are generally entitled to present evidence about the circumstances under which the lease was signed, including any disparity in bargaining power or lack of meaningful choice. Tenant-rights organizations and legal aid offices can help explain how § 235-C has been applied in similar situations and what documentation tends to be relevant in such proceedings.
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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