Municipal Code Title 5, Chapter 12
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Municipal Code Title 5, Chapter 12 |
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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;
(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)
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