Landlords cannot include tenancy provisions that waive a tenant`s rights, such as: Most leases are not written in plain English, and in many cases the meaning of certain terms is unclear. For example, instead of using the words “landlord” and “tenant,” leases usually refer to the landlord as the landlord and the tenant as the tenant. Below is a list of the most common rental terms and conditions and what to look out for. This is a clause that states that your landlord can only enter your apartment in the following circumstances: (1) to inspect the apartment, (2) to make repairs or (3) to show the apartment to a potential buyer, tenant or mortgagee. Any part of your lease that gives your landlord other reasons to enter your apartment is illegal.26 If a landlord and tenant clash in court, tenants have the right to defend themselves against the landlord`s allegations by any means they choose. A lease cannot contain a provision that automatically makes the tenant guilty in a lease dispute. If a landlord includes a provision for when and how they can enter their unit, it must comply with local immigration laws. In California, for example, landlords must notify tenants 24 hours before entering the apartment. A clause in a lease that attempts to shorten that period in the first place is illegal. There can be no lease provision that requires a tenant to pay the landlord`s legal fees if a dispute related to the lease is brought before the courts. However, Washington law requires tenants to pay the landlord`s legal fees in certain cases, such as when a tenant fails to appear in court in an unlawful liability suit and the tenant is more than two months late in paying rent.3 This is a clause that states that a tenant or person in their apartment cannot disturb other tenants or use the apartment for illegal purposes. If you are involved in a dispute with your landlord, they may try to use this clause to threaten you with eviction.
If so, try to get signed and notarized statements from other tenants that you didn`t disturb them.10 Also, under state law, a landlord is not required to notify a tenant before evicting them if the tenant uses the premises for prostitution, gambling, lewding, illegal sale of alcohol, or illegal possession or sale of drugs.11 If your landlord is trying to: To evict yourself for misuse of your apartment, you should consult a lawyer as soon as possible. If a landlord tries to include a provision that limits their liability in situations where they are normally liable, that provision is illegal and unenforceable. For example, a tenancy clause that requires tenants to pay for damage to the rental property – unless it was caused by the tenant or their guest – is illegal. Landlords cannot require tenants to pay for damage to the unit caused by inclement weather, landlord negligence or general wear and tear. Not all leases are created equal. In fact, some even contain illegal provisions and cannot be enforced. The Washington Act mentions several illegal lease terms that should never be included in written or verbal leases.1 Tenants should always read a lease carefully before signing it to ensure it does not contain illegal terms. Even if there is an illegal clause, the rest of the lease may be valid. That is, tenants can sue landlords who include illegal conditions in their lease. But be careful. Although a lease may look like a standard lease and a landlord can even say it a standard rental form, it can still contain illegal clauses.
A landlord can always try to include illegal conditions in a lease even if they know they are unenforceable. Any landlord who does so intentionally can be sued by a tenant. You will be liable to the tenant for actual damages, up to $500 in statutory damages, the cost of the lawsuit and reasonable attorneys` fees. In 2017, for example, a property management company that forced tenants in Washington to sign leases containing illegal provisions was ordered to pay more than $16,000. The illegal lease provision required service members to surrender or repay leases if they had to terminate their leases prematurely due to a transfer or change of station – which is illegal under federal and state law. The property management company had to reimburse tenants $6,000 and pay more than $10,000 in legal fees.6 A renewal clause (also known as a “self-extension”) states that if you or your landlord wish to terminate the lease at the end of the lease, you must notify each other in writing by a specific date.