Legal Question in Landlord & Tenant Law in California

Re: are express terms binding in lease agreement

There is nothing I can add to my colleague's answers, except that you question is a bit ambiguous.....it really depends on the exact provisions of the lease as compasred to what is implied.

Re: are express terms binding in lease agreement

No terms are allowed to be contrary to the written law or court decisions interpreting it. If a reasonable reading of the law seems to be opposite of what the lease terms are, then those lease terms are treated as being unenforceable. If the terms are so significant as to form the essential heart of the agreement, then the agreement is void. It is also void if the terms are against public policy, such as agreeing to commit an act of prostitution, spread lies against someone, vote in an election for a candidate in return for money, etc.

If that does not answer your question, post a copy of the lease terms and law you are talking about.

Re: are express terms binding in lease agreement

Implied terms required by law usually trump written terms to the contrary, but not always. Parties to a contract could have an agreement that requires more than the law requires. For example, the law requires a landlord to give a tenant at least 3 days notice of his intent to declare the lease forfeited if the tenant does not pay the rent; but there is nothing to prevent the landlord from agreeing to a longer notice period.