Part III. Limitations on Rental Agreements and Practices
Document Actions
521-31 - Waiver; Agreement to Forego Rights; Settlement of Claims
521-32 - Separation of Rents and Obligations to Property Forbidden
521-33 - Landlord's Waiver of Liability Prohibited
521-34 - Authorization to Confess Judgment Prohibited
521-35 - Attorney's Fees
521-36 - Effect of Termination
521-37 - Subleases and Assignments
521-38 - Tenants Subject to Rental Agreement; Notice of Conversions
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[§521-31] Waiver; agreement to forego rights; settlement of claims. | ||
| (a) | Except as otherwise provided in this chapter, a tenant or landlord may not waive or agree to forego rights or remedies under this chapter. | |
| (b) | A claim by a tenant against a landlord for violation of this chapter or a claim by a landlord against a tenant for default or breach of duty imposed by this chapter, if disputed in good faith, may be settled by agreement. | |
| (c) | A claim, whether or not disputed, against a tenant or landlord may be settled for less value than the amount claimed. | |
| (d) | A settlement in which the tenant or landlord waives or agrees to forego rights or benefits under this chapter is invalid if the court, as a matter of law, finds the settlement to have been unconscionable at the time it was made. The competence of the tenant or landlord, any deception or coercion practiced against the tenant or landlord, the nature and extent of the legal advice received by the tenant or landlord, and the nature and value of the consideration are relevant to the issue of unconscionability. [L 1972, c 132, pt of §1; gen ch 1985] | |
| [§521-32] Separation of rents and obligations to property forbidden. | ||
| Any agreement, conveyance, or trust instrument which authorizes a person other than the beneficial owner to act as the landlord of a dwelling unit shall operate, regardless of its terms, to authorize and require such person to use rents to conform with this chapter and any other law, code, ordinance, or regulation concerning the maintenance and operation of the premises. [L 1972, c 132, pt of §1] | ||
| [§521-33] Landlord's waiver of liability prohibited. | ||
| A provision in a rental agreement exempting or limiting the landlord, or requiring the tenant to indemnify the landlord, from liability for damages to persons or property caused by or resulting from the acts or omissions of the landlord, the landlord's agents, servants, or employees, in or about the dwelling unit covered thereby or in or about the premises of which it is a part is void. [L 1972, c 132, pt of §1; gen ch 1985] | ||
| [§521-34] Authorization to confess judgment prohibited. | ||
| A tenant may not authorize any person to confess judgment on a claim arising out of a rental agreement of any dwelling unit. An authorization in violation of this section is void. [L 1972, c 132, pt of §1] | ||
| §521-35 Attorney's fees. | ||
| (a) | A rental agreement may provide for the payment by the tenant of the costs of a suit, for unpaid rent, and reasonable attorney's fees not in excess of twenty-five per cent of the unpaid rent after default and referral to an attorney not a salaried employee of the landlord or the landlord's assignee. | |
| (b) | A rental agreement may further provide that reasonable attorney's fees and costs may be awarded to the prevailing party in all other matters arising under this chapter. | |
| (c) | A provision in violation of this section is unenforceable. [L 1972, c 132, pt of §1; gen ch 1985; am L 1986, c 103, §1] | |
| [§521-36] Effect of termination. | ||
| Except as otherwise provided in this chapter, whenever a landlord or tenant exercises a right to terminate a rental agreement, the obligations of each party to the rental agreement shall cease upon the final discharge of all obligations imposed by the rental agreement and by this chapter. [L 1972, c 132, pt of §1] | ||
| [§521-37] Subleases and assignments. | ||
| (a) | Unless otherwise agreed to in a written rental agreement and except as otherwise provided in this section, the tenant may sublet the tenant's dwelling unit or assign the rental agreement to another without the landlord's consent. | |
| (b) | Subsection (a) does not apply to a tenant of a dwelling unit administered, owned, or subsidized by the United States, the State, a county, or any agency thereof. | |
| (c) | A written rental agreement may provide that the tenant's right to sublet the tenant's dwelling unit or assign the rental agreement is subject to the consent of the landlord. [L 1972, c 132, pt of §1; gen ch 1985] | |
| §521-38 Tenants subject to rental agreement; notice of conversions. | ||
| When a period of tenancy is pursuant to any rental agreement and where a landlord contemplates conversion to condominium property regime under chapter 514B, the landlord shall provide notice to the tenant at least one hundered twenty days in advance of the termination of the rental agreement. | ||
Page last modified
11-07-2007 10:57 AM