In a basic month to month rental agreement in California. Landlord has indemnification clause which is very unfair.

Question

Is it legal for landlord to ask a new tenant to sign a rental agreement that is mostly protects the landlord and hold them free and harmless from any liability that might possibly happen while we occupy the premises.

Jonathan Kintzele · Answer

This answer depends on the specific language of the contract or lease itself, but I have provided an answer that I hope can help.  
 
Whether the least act issue is enforceable comes down to the specific language, especially of the particular provision referenced.  
 
First, the landlord cannot disclaim negligence as a matter of law, meaning landlord can be held liable for their own negligence. Second, the question is whether the language is unconscionable or written in a manner that is clear and understandable to the parties involved.  If the language would be against public policy because of its unfairness to one or more parties or untenably incentivize the wrong behaviors (e.g., encourage landlords to ignore duties of care to tenants, guests, etc.)., it would be deemed unconscionable and thereby, unenforceable.  
 
Ultimately, in California, as in many jurisdictions, contracts or clauses that are deemed unconscionable or excessively one-sided may be deemed unenforceable.  It seems unlikely that a landlord would be able to blanket indemnify itself from any and all liability, without the agreement constituting a violation of California public policy (it would, for example, encourage landlords to ignore their duties of care as to their tenants, etc.).

Q: In a basic month to month rental agreement in California. Landlord has indemnification clause which is very unfair.