Certain Provisions of Residential Leases not allowed?
Some lease provisions are prohibited or will not be enforced by the Court. Unconscionable provisions may be held unenforceable in court. Unconscionable provisions include (but are not limited to) those in which a tenant agrees to waive rights granted to tenants under applicable law, agrees to pay landlord’s attorney fees beyond what is allowed by law, or agrees to the limit the liability of or hold harmless the landlord for landlord’s legal liabilities related to the lease. If landlord intentionally inserts lease provisions known to him to be unenforceable, landlord may be liable increased damages. Obligations of good faith? Landlords and tenants are obligated to act in good faith (that is, with sincerity, and without alterior motives) when performing acts under the lease agreement. Limitation of use to residential use? Leases typically limit the use of the premises to residential use, and forbid use as a business. Exceptions for limited business use are allowed in some states. Disclos
