Can Tenants Sign Away the Rights to Eviction Protection?
Leases outline the rights and responsibilities between landlords and tenants. Most states recognize oral or verbal leases for tenancies that do not exceed one year. All states uphold written lease agreements between parties but do not allow landlords to insert lease provisions that are illegal or violate public policies. Provisions that waive a tenant's rights to eviction notices violate public policy and are illegal in every jurisdiction.
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Unenforceable Provisions
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Landlords cannot insert provisions that waive a tenant's legal rights. Tenants cannot waive their rights to receive necessary repairs, antidiscriminatory fair housing and any other legal rights. Each state's landlord and tenant laws determine which other provisions must be included and cannot be waived by either party. Landlords may not insert provisions that waive a tenant's right to raise affirmative defenses in court or provisions that allow landlords to bypass the state's legal requirements for evicting tenants.
Necessary Provisions
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A lease must contain the names of landlord and tenant and their legal addresses. Most states require landlords to issue written notices before terminating a lease, evicting a tenant, raising rent or changing the lease terms, even when the underlying lease is a verbal contract. The legal addresses allow parties to send their written notices to one another according to their state's mandatory notice laws. A lease must contain the actual term of the lease agreement or tenancy. State laws provide default tenancy laws in the absence of a provision. The agreement must state the rental amount, whether a deposit is necessary and an inspection or walk-through checklist noting existing damages.
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Implied Duties
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Both landlords and tenants have implied duties in every jurisdiction, regardless of whether the lease specifically outlines their respective duties. Landlords have an implied duty to maintain habitable and safe rental units and a duty to keep common areas free of trash. Landlords also have a duty to provide their tenants with the right to peaceful and quiet enjoyment of their rentals and cannot enter without notice, unless for an emergency repair or emergency situations. Landlords must comply with local housing laws and ordinances, and some jurisdictions require them to provide peepholes, alarm systems or intercom systems and lobby attendants. Additionally, some jurisdictions require landlords to provide fire alarms and carbon monoxide alarms. Many states may require lead and radon disclosures.
Signing Agreements with Illegal Provisions
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State laws and consumer protection statutes govern the transactions between landlords and their tenants. Lease provisions allowing landlords to bypass their state's eviction laws and judicial eviction notice requirements are not enforceable. Tenants who sign a lease with illegal provisions are not bound by the terms of that lease agreement. Courts do not enforce lease provisions that violate their state's laws or public policies. Tenants may not waive their rights to legal eviction protection.
Considerations
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Since real estate laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
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