Tenant's Rights: Waivable

Some leases may ask tenants to waive their right to notice or to reduce it to five days. The law requires 10 days of notice for non-payment of rent and 15 days for other violations of lease terms. Make sure you understand that the right to notice in case of non-payment of rent or other violations of the lease term is a waivable right and as such it is regulated by lease not by law.

Another waivable right is the right to continue a lease when the property has been sold. Some leases ask the tenant to agree that, in the case of a foreclosure sale, the new owner has the right to terminate the lease. The landlord will have to notify the tenant, according to requirements of notification in the lease, but the lease may be terminated or changed by the new owner.

Since leases are contracts and subject to contract law, leases can be negotiable. The best time to negotiate is before signing. Additional agreements can also be attached in riders. The agreement in the rider supersedes any clause with the same content in the main body of the lease. Landlord riders sometimes contain clauses that invalidate certain favorable terms in the main lease, e.g. subletting, repairs, penalties for late payment, etc.