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5-12-140
Rental Agreement
Except as otherwise specifically provided by this chapter,
no rental agreement may provide that the landlord or tenant:
(a) Agrees to waive or forego rights, remedies or
obligations provided under this chapter;
(b) Authorizes any person to confess judgment on a
claim arising out of the rental agreement;
(c) Agrees to the limitation of any liability of the
landlord or tenant arising under law;
(d) Agrees to waive any written termination of tenancy
notice or manner of service thereof provided under state law or this
chapter;
(e) Agrees to waive the right of any party to a trial
by jury;
(f) Agrees that in the event of a lawsuit arising out
of the tenancy the tenant will pay the landlord's attorney's fees except
as provided for by court rules, statute, or ordinance;
(g) Agrees that either party may cancel or terminate a
rental agreement at a different time or within a shorter time period
than the other party, unless such provision is disclosed in a separate
written notice;
(h) Agrees that a tenant shall pay a charge, fee or
penalty in excess of $10.00 per month for the first $500.00 in monthly
rent plus five percent per month for any amount in excess of $500.00 in
monthly rent for the late payment of rent;
(i) Agrees that, if a tenant pays rent before a
specified date or within a specified time period in the month, the
tenant shall receive a discount or reduction in the rental amount in
excess of $10.00 per month for the first $500.00 in monthly rent plus
five percent per month for any amount in excess of $500.00 in monthly
rent.
A provision prohibited by this section included in a
rental agreement is unenforceable. The tenant may recover actual damages
sustained by the tenant because of the enforcement of a prohibited
provision. If the landlord attempts to enforce a provision in a rental
agreement prohibited by this section the tenant may recover two months'
rent. |
