Dear [Landlord's Name], I hope this letter finds you well. I would like to bring to your attention a provision in our lease agreement that may potentially be in violation of the law. Specifically, I am referring to the provision confessing judgment on a claim arising out of the rental agreement. As a tenant residing in San Diego, California, it is crucial that our lease agreement adheres to all applicable laws and regulations to ensure a fair and legally binding document. According to my research, the inclusion of a provision confessing judgment on a claim arising out of the rental agreement is not compliant with California law. Confessing judgment provisions are considered unenforceable in California as they infringe upon a tenant's right to due process. The state's laws prioritize fair and equitable proceedings in legal disputes, and such provisions violate that principle. Should a situation arise where a claim related to the rental agreement needs to be resolved, I kindly request that we exclude any provision confessing judgment from the lease. By doing so, we will be in full compliance with California laws, ensuring both parties have equal opportunities to present their case and safeguarding our rights as tenants. Furthermore, it is advisable for the lease agreement to mention and comply with the relevant sections of the California Civil Code, such as Section 1942, which lays out the tenant's right to a habitable dwelling. Including these provisions in our lease agreement will provide clarity and protection for both of us, ultimately preventing any future legal disputes. Your attention to this matter is greatly appreciated. I kindly request that we review and revise the lease agreement accordingly to remove any provision confessing judgment or any other provisions that could potentially violate California laws. I value our landlord-tenant relationship and believe that addressing this matter promptly will contribute to a harmonious and legally compliant living arrangement. If you have any questions or concerns regarding this issue, please do not hesitate to reach out to me. I am more than willing to engage in open communication to resolve this matter amicably and legally. Thank you for your understanding and cooperation. Sincerely, [Your Name] [Tenant's Address]
San Diego California Letter from Tenant to Landlord - Lease Agreement containing provision confessing judgment on a claim arising out of rental agreement in violation of law
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