I finally stopped believing arbitration clauses are fair for tenants

Got into a dispute with my landlord over a $1,200 security deposit in San Jose last month. Found out my lease's binding arbitration clause meant I couldn't sue in small claims court. Has anyone here successfully challenged one of these in California?

2 comments

2 Comments

the_emma9d ago

Notice how everything from gym memberships to phone contracts uses arbitration to take away your right to sue.

jade_johnson9d ago

Look up California Civil Code 1953 and see if your lease actually follows the rules. Landlords here love slipping in arbitration clauses but they can't waive your right to take them to small claims for stuff like security deposits. @the_emma is right that these clauses are everywhere now but California has specific protections for tenants that a lot of people don't know about. I fought mine by filing a motion saying the clause was unconscionable since it was buried in fine print and I never had a real choice to negotiate it. The judge actually sided with me and said the clause couldn't stop me from going to small claims. You should check if your lease says anything about waiving your rights under California law because that might make the whole thing invalid.