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Filtering by Category: Landlord-Tenant

Exculpatory Clause May be Valid for Tenant's use of Amenities

Ron Stormoen

Lewis Operating Corp. v. Superior Court (Cal.App. 4 Dist. 2011) 2011 WL 5429554, 1

In this case, the court was asked to determine whether a landlord who rents an apartment for residential use may enforce against the tenant an agreement to waive liability for the landlord's negligence. In general, the answer is clearly “no.” However, where the waiver in question relates to the landlord's operation of a tenant-only health club or exercise facility (that is, use of amenities rather than non-core functions of the property) the waiver may be enforceable and may bar the tenant’s suit against the landlord.

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