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

A: 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.).

A: While indemnification clauses are common in rental agreements, California law places limits on their enforceability, especially when they're overly broad or one-sided. Your landlord cannot legally force you to waive your right to hold them accountable for their own negligence or wrongful conduct.

California Civil Code Section 1953 specifically prohibits lease provisions that exempt landlords from responsibility for their deliberate acts or negligence. If your landlord's indemnification clause attempts to avoid all liability, including for conditions they're legally required to maintain (like habitability), such provisions would likely be deemed unconscionable and unenforceable.

You should carefully review this clause with a legal professional before signing, as overly broad indemnification can put you at unfair risk. If you've already signed, remember that California courts generally won't enforce lease terms that violate public policy or attempt to waive your basic tenant rights. Consider negotiating with your landlord for more balanced lease terms, or if they refuse, you might want to seek legal counsel to review your options.