Leases and deposits
Can a lease include clauses that aren't legal?
Updated By the Housing Rocket moderators
Short answer
Yes. Leases sometimes contain clauses a court wouldn't enforce, and signing one doesn't make it valid. Common examples are waivers of your right to a livable home, to your deposit, or to notice before entry, and clauses letting the landlord lock you out without a court order. Which clauses are void depends on state law.
Clauses that are unenforceable in many states:
- You accept the unit as-is and waive the landlord's duty to make repairs
- The entire security deposit is non-refundable
- The landlord may enter at any time without notice
- The landlord can change the locks or remove your things if rent is late
- You give up your right to go to court or to a jury trial
- You pay the landlord's legal fees in every dispute, win or lose
The rest of the lease usually still stands even if one clause is invalid, so an illegal clause isn't a reason to ignore the whole lease.
If you spot one before signing, ask for it to be removed or changed. Many landlords use old templates and will edit them. If you find one after signing, you usually don't need to argue about it until it matters. Keep a copy of the lease and check your state's tenant guide, often published by the attorney general or housing agency, or ask a local legal aid office.
Want the whole picture? Read Renting Your First Apartment: Applications, Leases and Move-in Costs.