Cal. Civ. Code § 55.1-1208
Prohibited provisions in rental agreements.
Operative Text
A. A rental agreement shall not contain provisions that the tenant: 1. Agrees to waive or forgo rights or remedies under this chapter; 2. Agrees to waive or forgo rights or remedies pertaining to the 120-day conversion or rehabilitation notice required in the Virginia Condominium Act (§ 55.1-1900 et seq.) or the Virginia Real Estate Cooperative Act (§ 55.1-2100 et seq.) or under § 55.1-1410 ; 3. Authorizes any person to confess judgment on a claim arising out of the rental agreement; 4. Agrees to pay the landlord's attorney fees except as provided in this chapter; 5. Agrees to the exculpation or limitation of any liability of the landlord to the tenant arising under law or to indemnify the landlord for that liability or any associated costs; 6. Agrees as a condition of tenancy in public housing to a prohibition or restriction of any lawful possession of a firearm within individual dwelling units unless required by federal law or regulation; 7. Agrees to the payment of a security deposit, insurance premiums for damage insurance, and insurance premiums for renter's insurance prior to the commencement of the tenancy that exceed the amount of two months' periodic rent; or 8. Agrees to waive remedies or rights under the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq., prior to the occurrence of a dispute between landlord and tenant. Execution of leases shall not be contingent upon the execution of a waiver of rights under the Servicemembers Civil Relief Act; however, upon the occurrence of any dispute, the landlord and tenant may execute a waiver of such rights and remedies as to that dispute in order to facilitate a resolution. B. Any provision prohibited by subsection A that is included in a rental agreement is unenforceable. If a landlord brings an action to enforce any such provision, the tenant may recover actual damages sustained by him and reasonable attorney fees. C. Unless necessitated by the tenant's violation of a requirement of this chapter, no landlord shall require a tenant to pay any fee for the maintenance or repair of any dwelling unit.
Virginia Code § 55.1-1208 identifies a list of clauses that landlords are prohibited from including in residential rental agreements. These include provisions that would strip tenants of their legal rights or remedies, require tenants to cover a landlord's attorney fees beyond what the law allows, limit landlord liability, or demand upfront deposits and insurance premiums totaling more than two months' rent. Any such clause that does appear in a lease is automatically unenforceable, and a landlord who attempts to enforce one may be liable for the tenant's actual damages and reasonable attorney fees. The provision also bars landlords from charging tenants maintenance or repair fees unless the tenant's own violation of the law made the work necessary.
Plain English — not legal advice.
Property owners and managers operating under Virginia Code § 55.1-1208 generally review their lease templates carefully to ensure none of the eight prohibited clause types are present before presenting agreements to prospective tenants. Compliant operators do not include provisions that waive tenant statutory rights, cap landlord liability, require tenants to pay the landlord's attorney fees outside of what the chapter permits, or collect upfront deposits and insurance premiums exceeding two months' periodic rent. Operators also avoid charging tenants fees for routine maintenance or repairs unless a tenant's own statutory violation directly necessitated that work.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Virginia Code § 55.1-1208, tenants have the right to have any prohibited lease clause treated as legally void, meaning a landlord cannot enforce it even if a tenant signed the agreement containing it. If a landlord attempts to enforce such a clause, tenants may be entitled to recover actual damages and reasonable attorney fees as a result of that enforcement attempt. Tenants who believe a prohibited provision has been included in or enforced under their lease may consider raising the violation as a defense in any related legal proceeding, filing a complaint with a relevant local or state housing authority, or reaching out to a tenant-rights organization for general information about available options.
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 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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