Are all lease provisions enforceable?
No. The mere fact that a landlord inserts a provision into a lease does not necessarily mean that it is valid. If the court finds a lease or any lease clause to have been unconscionable at the time it was made, the court may refuse to enforce the lease or the clause in question. Lease provisions that exempt landlords from liability for injuries to persons or property caused by the landlord’s negligence or that of his employees are null and void. Furthermore, a lease provision that waives the tenant’s right to a jury trial in any lawsuit brought by either of the parties against the other for personal injury or property damage is also null and void. Another example of an unconscionable lease provision would be one requiring a tenant to pledge his/her household furniture as security for rent.
