California Letter from Tenant to Landlord - Lease Agreement containing provision confessing judgment on a claim arising out of rental agreement in violation of law

• Category: Landlord Tenant - Notices and Letters - Notice Letter
• State: Multi-State
• Control #: US-1026LT
• Format: Word; Rich Text

Description

This Letter from Tenant to Landlord - Lease Agreement Contains provision confessing judgment on a claim arising put of the rental agreement in violation of law. Notice Letter, T to LL, notification to LL that clause proporting to confess judgment is in violation of state law and void. Subject: Understanding California Tenant Rights — Letter Addressing Unlawful Lease Provisions Dear [Landlord's Name], I hope this letter finds you well. I am writing to discuss a concerning provision within our lease agreement that requires attention and rectification. Specifically, I have recently discovered that our rental agreement contains a provision for confessing judgment on claims arising from the agreement that is in violation of California state laws. I believe it is important for us to address and resolve this issue promptly to ensure compliance with the relevant legal framework. In California, tenants have specific rights and protections under the law, safeguarding them from unfair practices and ensuring a fair and equitable agreement between landlords and tenants. One of these crucial protections is the prohibition of "confession of judgment" clauses in rental agreements, which attempt to allow landlords to obtain a judgment against tenants without the standard legal proceedings or their right to defend themselves in court. Confession of judgment provisions, like the one present in our lease agreement, violate Section 1781 of the California Code of Civil Procedure and can have significant consequences for both parties involved. Therefore, it is essential that we promptly take corrective action and modify our lease agreement to align it with California state laws. To address this matter, I kindly request that you amend our lease agreement by removing the confession of judgment provision in its entirety. By doing so, we will ensure that our agreement adheres to California's legal framework, providing us both with the necessary protections and rights. I also bring to your attention that imposing or enforcing confession of judgment provisions in a rental agreement is deemed as an unfair business practice under California law, subjecting the violating party to potential civil penalties, including restitution and injunctive relief. These legal consequences further emphasize the importance of rectifying the situation promptly. I trust in your commitment to maintaining a compliant and fair leasing arrangement. Please provide written confirmation once the necessary corrections have been made to our lease agreement. I would be glad to review the revised contract and sign a new copy, ensuring our mutual legal obligations and protections. Thank you for your attention and prompt action on this matter. I look forward to resolving this issue amicably and continuing to uphold a positive landlord-tenant relationship. Should you have any questions or require further clarification, please do not hesitate to contact me at your convenience. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number]

Subject: Understanding California Tenant Rights — Letter Addressing Unlawful Lease Provisions Dear [Landlord's Name], I hope this letter finds you well. I am writing to discuss a concerning provision within our lease agreement that requires attention and rectification. Specifically, I have recently discovered that our rental agreement contains a provision for confessing judgment on claims arising from the agreement that is in violation of California state laws. I believe it is important for us to address and resolve this issue promptly to ensure compliance with the relevant legal framework. In California, tenants have specific rights and protections under the law, safeguarding them from unfair practices and ensuring a fair and equitable agreement between landlords and tenants. One of these crucial protections is the prohibition of "confession of judgment" clauses in rental agreements, which attempt to allow landlords to obtain a judgment against tenants without the standard legal proceedings or their right to defend themselves in court. Confession of judgment provisions, like the one present in our lease agreement, violate Section 1781 of the California Code of Civil Procedure and can have significant consequences for both parties involved. Therefore, it is essential that we promptly take corrective action and modify our lease agreement to align it with California state laws. To address this matter, I kindly request that you amend our lease agreement by removing the confession of judgment provision in its entirety. By doing so, we will ensure that our agreement adheres to California's legal framework, providing us both with the necessary protections and rights. I also bring to your attention that imposing or enforcing confession of judgment provisions in a rental agreement is deemed as an unfair business practice under California law, subjecting the violating party to potential civil penalties, including restitution and injunctive relief. These legal consequences further emphasize the importance of rectifying the situation promptly. I trust in your commitment to maintaining a compliant and fair leasing arrangement. Please provide written confirmation once the necessary corrections have been made to our lease agreement. I would be glad to review the revised contract and sign a new copy, ensuring our mutual legal obligations and protections. Thank you for your attention and prompt action on this matter. I look forward to resolving this issue amicably and continuing to uphold a positive landlord-tenant relationship. Should you have any questions or require further clarification, please do not hesitate to contact me at your convenience. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number]