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5-12-140 Rental Agreement.

Except as otherwise specifically provided by this chapter, no rental agreement may provide that the landlord or tenant:

    (a) agrees to waive or forego rights, remedies or obligations provided under this chapter;

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

    (c) agrees to the limitation of any liability of the landlord or tenant arising under law;

    (d) agrees to waive any written termination of tenancy notice or manner of service thereof provided under state law or this chapter;

    (e) agrees to waive the right of any party to a trial by jury;

    (f) agrees that in the event of a lawsuit arising out of the tenancy the tenant will pay the landlord's attorney's fees except as provided for by court rules, statute, or ordinance;

    (g) agrees that either party may cancel or terminate a rental agreement at a different time or within a shorter time period than the other party, unless such provision is disclosed in a separate written notice;

    (h) agrees that a tenant shall pay a charge, fee or penalty in excess of $10.00 per month for the first $500.00 in monthly rent plus 5% per month for any amount in excess of $500.00 in monthly rent for the late payment of rent; and

    (i) agrees that, if a tenant pays rent before a specified date or within a specified time period in the month, the tenant shall receive a discount or reduction in the rental amount in excess of $10.00 per month for the first $500.00 in monthly rent plus 5% per month for any amount in excess of $500.00 in monthly rent.

A provision prohibited by this section included in a rental agreement is unenforceable. The tenant may recover actual damages sustained by the tenant because of the enforcement of a prohibited provision. If the landlord attempts to enforce a provision in a rental agreement prohibited by this section the tenant may recover two months rent. Prior code § 193.1-14; Added Council Journal of Proceedings, September 8, 1986, page 33771; Corrected Council. J. September 12,1986, p. 33919; Amend. Council Journal of Proceedings, November 6, 1991, pages 7215 –7216))

 
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