Eight provisions must never appear in a lease modification, and a pet-liability waiver is prohibited in elderly and disabled properties

mfh.lease.eight_prohibited_provisions · v1.0.0

A lease modification must not include a confession of judgment; distraint for rent or other charges; an exculpatory clause; a waiver of legal notice by the tenant before an eviction or money-judgment action; a waiver of legal proceedings; a waiver of jury trial; a waiver of the right to appeal a judicial proceeding; or a provision making the tenant chargeable with the cost of legal actions regardless of outcome. The last of these does not prevent a tenant who loses a suit from being obligated to pay costs as a party; what is prohibited is agreeing in advance to pay them even when the tenant prevails. Separately, in a property restricted to occupancy by the elderly or disabled, the lease must not contain a provision relieving the owner of liability for the wrongful removal of a pet.

Confidence

high

Effective from

2013-11-27

Last reviewed

2026-09-01