58-2547. Same; prohibited terms and conditions; damages.
58-2547
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 ofthe rental agreement;
(3) agrees to pay either party's attorneys' fees; or
(4) agrees to the exculpation or limitation of any liability of eitherparty arising under law or to indemnify either party for that liability orthe costs connected therewith, except that a rental agreement may providethat a tenant agrees to limit the landlord's liability for fire, theft orbreakage with respect to common areas of the dwelling unit.
(b) A provision prohibited by subsection (a) included in a rentalagreement is unenforceable. If a landlord deliberately uses a rentalagreement 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.