562B.11  Prohibited provisions in rental agreements.

1.  A rental agreement shall not provide that the tenant or landlord does any of the following:

a.  Agrees to waive or to forego rights or remedies under this chapter.

b.  Agrees to pay the other party's attorney fees.

c.  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.

d.  Agrees to a designated agent for the sale of tenant's mobile home.

2.  A provision prohibited by subsection 1 of this section included in a rental agreement is unenforceable. If a landlord or tenant knowingly uses a rental agreement containing provisions known to be prohibited by this chapter, the other party may recover actual damages sustained.

Nothing in this chapter shall prohibit a rental agreement from requiring a tenant to maintain liability insurance which names the landlord as an insured as relates to the mobile home space rented by the tenant.

Section History: Early form

  [C79, 81, § 562B.11]


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