Laguna Woods, CA asked in Contracts and Landlord - Tenant for California

Q: Does the term "waive the benefit under any statute" also mean a waiver of ALL rights?

This is related to a Lease Agreement and the Lessee's rights to terminate the lease.

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2 Lawyer Answers
Kristina M. Reed
PREMIUM
Kristina M. Reed
Answered
  • Sacramento, CA
  • Licensed in California

A: I recommend that you have an attorney review the lease for an opinion on any waiver of rights. Generally, when a lease or guaranty includes this language, the language is intended to waive all rights a tenant may claim under any statutes. This exact language would not waive any common law rights or contract rights. However, if a lease contains this term, the lease often contains terms for waiver of certain common law rights as well. Again, you should have an attorney review the lease and give you an opinion. It is not possible here to give a complete comment on the tenant lease rights or waivers based on this lease snippet alone and a review of the entire lease is needed.

Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: A review of the lease would be required in order to provide you with a definitive answer, which you cannot get from a public forum based on a quote of a phrase from the lease. I agree with Ms. Reed's evaluation below but want to add that there are some rights that you have that, as a matter of public policy, you cannot waive by agreement. As to those rights, such as the right to be free from discrimination/harassment in housing due to being a member of a protected classification, this language would not constitute a waiver.

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