Illegal Lease Clauses

Illegal lease clauses are provisions in a rental agreement that violate local, state, or federal laws and are therefore unenforceable. These clauses often attempt to unfairly shift legal responsibilities or impose unlawful restrictions on tenants. Common examples include:

• Clauses giving landlords the right to represent tenants in court or evict without due legal process, such as changing locks or evicting without a court order.
• Threats against tenants for calling emergency services, for example, evicting a tenant if they call 911 more than a certain number of times.
• Clauses requiring tenants to waive their right to a habitable living environment, such as renting units "as-is" and forcing tenants to accept responsibility for repairs that landlords are legally obligated to make.
• Provisions that make tenants responsible for all rent and finding a replacement tenant if they break the lease, which ignores the landlord’s duty to mitigate damages by seeking a new tenant.
• Automatic charges for court costs and legal fees regardless of the case outcome, which are typically illegal; however, clauses that allow charging court costs only if a judge orders it may be valid.
• Clauses that attempt to waive landlord liability for injuries or damages caused by landlord negligence, which courts generally do not uphold despite lease language to the contrary.
• Discriminatory clauses violating the Fair Housing Act, such as refusing to rent based on race, religion, gender, or family status, or imposing different rules on families with children.
• Excessive or illegal security deposit demands or non-refundable deposits without valid reasons.
• Clauses that prevent tenants from taking legal action against landlords for habitability or negligence issues.

Illegal lease clauses are often included to exploit tenants financially or limit their legal protections, but they are unenforceable and can be challenged legally. Tenants should carefully review leases for such provisions and seek remedies through negotiation, complaints, or legal action if necessary.

In summary, illegal lease clauses are unlawful terms in rental agreements that violate tenant rights or housing laws, including unlawful eviction processes, waivers of habitability, discriminatory terms, and unfair financial penalties.