Legal Question in Landlord & Tenant Law in California
release, waiver and indemnity
I am a potential tenant and the landlord has attached to the Rental Agreement a global release by T for all liability (including L's negligence) and waiver of T's right to sue.
Is this valid under CA law if I sign?
Asked on 5/17/09, 5:55 pm
1 Answer from Attorneys
George Shers
Law Offices of Georges H. Shers
Re: release, waiver and indemnity
For a waiver of liability to be binding, it ahs to refer to the correct Cal. code section. There also needs to be some consideration; does the rent vary based upon signing or not signing the waiver? Active negilgience can not be waived. I would guess that most court's would not uphold such a waiver because it is too broad and appears too unfair.
Answered on 5/17/09, 9:08 pm
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