Unfair or Impossible Terms

Some terms in leases may be unenforceable due to provisions of the Landlord Tenant Act or consumer protection laws. But just because the terms of a lease end up being a bad deal for you does not necessarily mean the lease is invalid or a term is unenforceable.

When you review a lease, consider whether any terms seem unfair or impossible.

Unfair – An example of an unfair lease term was one local lease that stated that tenants owed the landlord $2,000 if the tenants were issued an ordinance violation. Ordinance violations include things like noise violations or not cleaning up the yard immediately after a party.

Impossible – An example of an impossible lease term is when local leases require that you arrange to have your apartment checked daily if you are gone for an extended period during cold weather. Over the three-week winter break, can you realistically arrange for someone to check your apartment daily?

If something about a lease seems unfair or impossible, your strongest protection is to not sign the lease. If you have already signed a lease and feel something is unfair or impossible, talk to an attorney about your concerns.

Print or save the Lease Review Checklist to help you as you review a lease.