In the context of landlord-tenant law, there are several agreements or provisions that are illegal and unenforceable, including:
Any agreement that has the effect of you giving up your rights, unless expressly allowed by law.
Any agreement in which you waive the protections of the Implied Warranty and Covenant of Habitability, unless there is a stated reduction in rent that is fair and reasonable.
Any agreement that releases the landlord from responsibility for the negligence of the landlord or the landlord’s agent.
Any agreement that requires you to pay the landlord’s legal fees in enforcing the lease or tenancy at will agreement, except that a lease may provide for the prevailing party to recover legal fees in the case of “wanton disregard” (i.e. extreme recklessness) of the terms of the tenancy.
Any agreement that requires you to use your property as security for the amount of any rent or other sums due the landlord.
Any agreement that requires you to acknowledge that the terms of the tenancy, including tenant rules, are fair and reasonable.
Any agreement that requires you to pay a fee, penalty, or other charge for ending the tenancy, unless the fee, penalty, or other charge is:
To recover reasonable expenses in finding a new tenant when you have failed to provide notice before leaving;
To collect unpaid rent; or
To recover reasonable expenses for repairing damage caused by you.
Any agreement to pay a late fee that is not in writing and that exceeds 4% of one month’s rent.
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