Is it possible to get a lease voided if it contains something illegal in regards to my state’s tenant rights?

I signed my current lease without knowing my actual rights as a tenant in California. Being naive, and having this as my first lease I was extremely uninformed. 

My lease states that TWO hours is sufficient time for my landlord to let me know they need access to the premises for any reason. Based on what I’ve read regarding California renter’s rights, a landlord is supposed to give a minimum of 24 hours notice unless it is an emergency. 

8 Answers

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  • 1 month ago
    Favorite Answer

    No, you can't void the lease for this but you can ignore the regulation that violates the law.  They still need to give you the proper notice and you can demand they do, but everything else in the lease, which follows the law, you must abide by.

  • 1 month ago

    No, you cannot void the entire lease because of one minor clause that conflicts with state law.

    Also, there is nothing that says you can't agree to waive your rights to 24 hour notice. So that clause probably isn't illegal. The law says that you are entitled to 24 hours notice if there is no mention of notice periods in your lease. But you've agreed to a 2 hour notice so you are now expected to honor that agreement and allow your landlord to enter with 2 hours notice when he has a valid reason to do so.

    Sorry but if you're looking for a way to get out of your lease, this isn't going to help you.

  • 1 month ago

    Lease is not void.  Any illegal clause is just not enforceable.  That clause is not illegal, as you agreed to it by signing.  

  • Scott
    Lv 7
    1 month ago

    No. Absent an agreement to the contrary, a landlord is required by law to provide 24 hours' notice to enter your apartment. But since the lease states two hours, that's what you agreed to when you signed it.

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  • Maxi
    Lv 7
    1 month ago

    No it doesn't make the contract void, just the part of the  2 hours notice.

    "California law requires a landlord to notify a tenant, in writing, 24 hours in advance of the landlord's planned visit. "

  • 1 month ago

    That in of itself does not void the lease.  You must advise your landlord of the error in the lease and give him the opportunity to make corrections.  If he doesn't you must take him to court for a beach of the lease.  Most leases state that if there is an error in one section it does not void the lease.

  • Kieth
    Lv 7
    1 month ago

    An illegal contract is unenforceable, get a lawyer.

  • Anonymous
    1 month ago

    When I had an apartment, pest control came every month with no notice. Same for maintenence to replace the furnace filters. They came 3 times in 3 days looking for a leak that the apartment below me had water. It was not from my washer but they checked it 3 times.  I did not have a hissy fit even though they did wake me occasionally. (crazy hours)

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