TITLE 34
Property

CHAPTER 34-18
Residential Landlord and Tenant Act

SECTION 34-18-17


§ 34-18-17 Prohibited provisions in rental agreements.

(a) A rental agreement may not provide that the tenant:

(1) Agrees to waive or forego rights or remedies under this chapter;

(2) Authorizes any person to confess judgment on a claim arising out of the rental agreement;

(3) Agrees to pay the landlord's attorney's fees inconsistent with this chapter; or

(4) Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected with the liability.

(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 to be prohibited, the tenant may recover, in addition to his or her actual damages, an amount up to three (3) months periodic rent and reasonable attorney's fees.

History of Section.
(P.L. 1986, ch. 200, § 2.)