A residential lease agreement contains a clause in which the tenant agrees to accept the unit 'as-is' and releases the landlord from any obligation to maintain habitable conditions throughout the tenancy. Under California law, what is the legal status of this clause?
Correct Answer
C) The clause is void and unenforceable because the implied warranty of habitability cannot be waived by agreement of the parties
Under California Civil Code §§1941–1942 and the California Supreme Court's holding in Green v. Superior Court (1974) 10 Cal.3d 616, the implied warranty of habitability is a non-waivable protection rooted in public policy. Any lease provision purporting to relieve a landlord of the duty to maintain habitable conditions is void regardless of whether the tenant signed voluntarily, received consideration, or agreed only for a limited term. Courts treat this as a matter of public policy that parties cannot contract around.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.
Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.
A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.
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