Illegal Lease Clauses: What Your Landlord Can't Do
Many landlords slip illegal or unenforceable clauses into leases. Know which ones to reject—and get your lease checked against your state's laws.
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State-by-State Rules
Illegal clauses vary by state. We check your lease against your jurisdiction's landlord-tenant laws.
Common Illegal Clauses
Waivers of habitability, automatic lease renewal, excessive late fees, and more—explained in plain English.
Enforceability Guidance
Understand which clauses are void entirely vs. which can be severed, and how to respond.
Instant Lease Scan
Upload your lease and get a report flagging every potentially illegal or unfair clause.
Frequently Asked Questions
Can my landlord put an illegal clause in my lease?
Landlords can include clauses, but that doesn't make them enforceable. Courts generally refuse to enforce clauses that violate state law or public policy, such as waiving habitability rights or imposing illegal fees.
What happens if I sign a lease with illegal clauses?
In most states, the illegal clause is void; the rest of the lease usually remains in effect. Some states allow tenants to recover damages or penalties. We recommend having your lease reviewed to identify and address issues before or after signing.
What are the most common illegal lease clauses?
Common unenforceable clauses include waivers of habitability, automatic renewal without proper notice, late fees above state caps, clauses waiving the right to a jury trial or to sue, and provisions that conflict with state security deposit or entry laws.
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Find illegal clauses in your lease
Upload your lease and get a clear report of problematic or illegal terms.