Senate Status:
2024 Statute
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58-2547. Same; prohibited terms and conditions; damages. (a) No rental agreement may provide that the tenant or landlord: (1) Agrees to waive or to forego rights or remedies under this act; (2) authorizes any person to confess judgment on a claim arising out of the rental agreement; (3) agrees to pay either party's attorneys' fees; or (4) agrees to the exculpation or limitation of any liability of either party arising under law or to indemnify either party for that liability or the costs connected therewith, except that a rental agreement may provide that a tenant agrees to limit the landlord's liability for fire, theft or breakage with respect to common areas of the dwelling unit. (b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by such landlord to be prohibited, the tenant may recover actual damages sustained by such tenant. |
History: L. 1975, ch. 290, § 8; July 1. |
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