562A.11  Prohibited provisions in rental agreements.

1.  A rental agreement shall not provide that the tenant or landlord:

a.  Agrees to waive or to forego rights or remedies under this chapter provided that this restriction shall not apply to rental agreements covering single family residences on land assessed as agricultural land and located in an unincorporated area;

b.  Authorizes a person to confess judgment on a claim arising out of the rental agreement;

c.  Agrees to pay the other party's attorney fees; or

d.  Agrees to the exculpation or limitation of any liability of the other party arising under law or to indemnify the other party for that liability or the costs connected therewith.

2.  A provision prohibited by subsection 1 included in a rental agreement is unenforceable. If a landlord willfully uses a rental agreement containing provisions known by the landlord to be prohibited, a tenant may recover actual damages sustained by the tenant and not more than three months' periodic rent and reasonable attorney's fees.

Section History: Early form

  [C79, 81, § 562A.11]

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