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Lease term that explicitly waives statutory tenant rights

Discussion in 'Commercial Landlord & Tenant Issues' started by rprastein, Oct 2, 2021.

  1. rprastein

    rprastein Law Topic Starter New Member

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    Jurisdiction:
    California
    My husband is looking to rent a storefront as an art studio. While we have no intention of defaulting on the rent, I am concerned about the following clause:
    "19. If and whenever the Tenant is in default in payment of any money, whether hereby expressly reserved or deemed as Rent, or any part of the Rent, the Landlord may, without notice or any form of legal process, enter upon the Premises and seize, remove and sell the Tenant's goods, chattels and equipment from the Premises or seize, remove and sell any goods, chattels and equipment at any place to which the Tenant or any other person may have removed them, in the same manner as if they had remained and been distrained upon the Premises, all notwithstanding any rule of law or equity to the contrary, and the Tenant hereby waives and renounces the benefit of any present or future statute or law limiting or eliminating the Landlord's right of distress."​
    Am I right to be worried about this? Does California have any statutes or laws limiting or eliminating a commercial landlord's right of distress? Is a waiver of the benefit of any such statute or law now or in the future enforceable?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    You are to be commended for asking this kind of question before committing to the place. Most lost souls who come here do so after being in trouble.

    As for your question, CA has a residential landlord tenant statute that does not apply to commercial leasing, and has no corresponding commercial landlord tenant statute.

    People in business are deemed to know what they are doing and when they sign a contract they are bound to it no matter how onerous the consequences may be.

    If you don't like that provision, negotiate it's removal. If it cannot be removed, walk away and look elsewhere. Commercial leases tend to be complicated and tenants can, and often do, waive rights. Before you sign one, it behooves you to have an attorney review it and perhaps negotiate the terms.

    When you do sign one, make sure you understand the terms and the potential consequences for breaching them. Also make sure you keep a signed copy.
     
    Zigner and justblue like this.
  3. rprastein

    rprastein Law Topic Starter New Member

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    Thanks, good to know. I'll discuss the implications with my husband.

    Rebeccah
     

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