“As-Is” Habitability Waivers
A clause making you accept the unit “as-is” or take on the landlord’s repair duties. The duty to provide a safe, habitable home can’t be contracted away (§1942.1).
An illegal lease clause is void even if you signed it — and if you’re covered by just-cause protections, a landlord can’t force you out without a real, legal reason. When landlords fake a move-in, invent a “remodel,” or ignore your rent-control rights, we hold them to the law.
Get Your Free Case ReviewA California lease isn’t a blank check for a landlord. Some rights are so fundamental that you can’t sign them away — and any clause that tries is void from the start, even with your name at the bottom. The rest of the lease still stands; just the illegal term falls out.
On top of that, most tenants gain a second shield: just cause. Once you’ve lived in a covered unit for 12 months, a landlord can’t end your tenancy just because they want to — they need a specific, legally allowed reason, and for a “no-fault” reason they have to pay you to go.
A house or condo only escapes these protections if the owner is a real person (not a corporation, REIT, or corporate-backed LLC) and your lease contains the exact required exemption notice. Missing that language? You’re covered.
These show up in leases all the time — and California courts throw them out no matter what the paper says. If your lease has one, it’s worth a closer look.
A clause making you accept the unit “as-is” or take on the landlord’s repair duties. The duty to provide a safe, habitable home can’t be contracted away (§1942.1).
Clauses that skip the required eviction notice, allow lockouts, or waive your right to sue. California law (§1953) treats these as void on sight.
A flat $100 or compounding late charge. Late fees must reflect the landlord’s real, modest cost (§1671) — arbitrary penalties are unenforceable.
A clause giving up your right to a jury before any dispute exists. In California, pre-dispute jury waivers in a lease are unenforceable.
A clause giving the landlord legal fees if they sue you. By law (§1717), that street runs both ways — win, and they owe your fees.
A clause letting the landlord enter anytime for “inspections.” They generally need 24 hours’ written notice and business hours (§1954) — a blanket entry clause is void.
Once you’re covered, every eviction falls into one of two buckets. At-fault means you did something — didn’t pay, seriously broke the lease. No-fault means you did nothing wrong, but the landlord has a specific legal right to the unit (moving in, leaving the rental business, a real remodel).
The expiration of your lease, by itself, is not a reason. When a fixed-term lease ends, your tenancy simply rolls over month-to-month on the same terms — the landlord can’t force you out just to reset the rent for someone new.
And a no-fault eviction isn’t free for them. They generally must pay you relocation equal to one month’s rent — as a direct payment or by waiving your last month — or the termination notice is void.
The two most-abused no-fault reasons are the owner move-in and the substantial remodel — because for years landlords used them to clear out long-term tenants and re-rent at market rate. California cracked down hard.
Owner move-in. The owner or a close family member must actually move in within 90 days and live there as their primary home for at least 12 continuous months. If they don’t — or they quietly re-list it — they have to offer the unit back to you at your old rent and cover your extra moving costs.
Substantial remodel. It has to be real structural, electrical, or plumbing work that needs permits (copies must be attached to your notice) and is big enough that you’d have to move out for at least 30 days. New paint and cabinets don’t qualify. Fake either one, and a court can award you up to three times your damages, plus fees.
These cases turn on paperwork and follow-through. Keep your records, make the landlord prove their claims, and get advice before you give up a home you have the right to keep.
Start My Free Case Review →Save the full lease with all addenda and every notice you’re served. They’re what prove a void clause, a missing exemption, or a defective eviction notice — and they’re easy to lose.
If your landlord claims your single-family home isn’t covered, look for the exact required notice in your lease. If that paragraph isn’t there, you’re very likely protected after all.
For an owner move-in, you can request the occupant’s name and relationship. For a remodel, ask for the permits. Vague claims with no paperwork are a red flag — and often a sign of a pretext.
If you’re pushed out for a “move-in” or “remodel” and the unit pops back up for rent — on Zillow, Airbnb, anywhere — save the listing. That’s the proof that turns a bad-faith eviction into a strong case.
Don’t move out on a defective notice without advice. We can challenge the eviction, enforce your right to return, and sue for damages — which can be tripled when a landlord acts in bad faith.
A bad-faith eviction or an illegal lease term can carry serious value — California backs these rights with real damages and fee-shifting. Depending on the facts, that may include:
A court can strike an unlawful lease term — an “as-is” waiver, a punitive late fee, a jury waiver — so it can never be used against you.
If a move-in or remodel eviction falls through, the landlord must offer the unit back to you at your old rent — and cover your extra moving costs.
If you were forced into a pricier home, you can recover the gap between your old rent-protected rate and what you now pay — often over years.
When a landlord fakes a no-fault eviction willfully or in bad faith, the law allows treble damages — tripling what they owe you — on top of penalties.
If you lost parking, storage, or laundry, or were overcharged, a rent board can roll your rent back and order the service restored.
That one-sided fee clause cuts both ways — a winning tenant can recover legal fees, which is how we take strong cases at no upfront cost.
Yes. A signature doesn’t make an illegal clause enforceable. If a term waives the landlord’s duty to keep your home habitable, skips your right to proper eviction notice or a jury, or imposes a punitive late fee, that clause is void in California — even though you signed it. The rest of the lease usually stays in force; only the illegal part drops out.
It means a landlord needs a specific, legally valid reason to evict you — not just a change of heart. Under state law you’re generally covered once all tenants have lived there 12 months. The big exceptions are buildings under about 15 years old, and single-family homes or condos where the owner isn’t a corporation and gave you the exact required exemption notice in your lease.
If you’re covered by just cause, no. A lease simply expiring isn’t a reason to evict — it rolls over month-to-month on the same terms. The one exception is if the landlord offers you a new lease with identical terms and you flatly refuse to sign it; that refusal can be an at-fault reason.
The rules are strict. The owner or a close family member must actually move in within 90 days and live there as their primary home for at least 12 continuous months. You can request the occupant’s name and relationship. If they never really move in — or re-list the unit — they owe you the unit back at your old rent, your extra moving costs, and potentially triple damages.
Only a real one. The work has to be major structural, electrical, or plumbing work that needs government permits — copies must be attached to your notice — and big enough that you’d have to move out for at least 30 days. Paint, carpet, and new cabinets don’t count. A “remodel” notice with no permits is a major red flag.
Often not. The rent you pay buys a bundle of services. Stripping away parking, storage, or laundry without a matching rent cut can be an illegal backdoor rent increase. In rent-controlled cities you can file a “decrease in services” petition with the rent board to get your rent permanently reduced to make up for the loss.
Pushed out without a lawful reason or proper process? That’s an unlawful eviction.
Learn MoreRent hiked past the cap, or hit with junk fees? You may be able to recover it — tripled.
Learn MorePressure, threats, or a campaign to force you out? That crosses into harassment.
Learn More