Tenant’s Release For Landlord’s Negligence Enforceable.

Civil Code §1953 says it’s against public policy for “any” provision in a lease to require a lessee to waive a landlord’s exercise of due care to prevent personal injury or property damage.  Here tenant waived liability for landlord’s negligence in operating a tenant-only health club and exercise facility.  The Court of Appeal said the waiver is enforceable since it has nothing to do with the “tenant’s basic, essential need for shelter.”  The dissent says “any” means “any,” and that the waiver provision in the lease is against public policy under the statute.  Lewis Operating Corporation v. Superior Court (John Costahaude) (Cal. App. Fourth Dist., Div. 2;  November 10, 2011) 200 Cal.App.4th 940.