Landlord Not Liable / Hold Harmless Clause in a Lease: Is It Enforceable? (State-by-State)

State-by-state rules

Lease terms each state's landlord-tenant law specifically voids or limits (not a complete list). Source is the state's main landlord-tenant statute. Each row links to the statute. Data as of 2026-10-19.

• Arizona

  Clauses the state's law voids or limits

  Waiver of the tenant's rights or remedies under the Act (33-1315(A)(1)); Tenant must pay the landlord's attorney fees (only a prevailing-party clause is allowed) (33-1315(A)(2)); Limiting the landlord's legal liability or making the tenant indemnify the landlord for it (33-1315(A)(3)); Waiving or limiting the right to call police or emergency help, or penalizing the tenant for doing so (33-1315(A)(4)-(5)); Security above 1.5 months' rent, or an unexplained 'nonrefundable' fee (33-1321)

  Source: A.R.S. § 33-1301 et seq.

• California

  Clauses the state's law voids or limits

  Non-refundable security deposit or 'cleaning fee' taken from the deposit (Civ. Code 1950.5(n)); Waiver of the right to a habitable home or to repair-and-deduct (Civ. Code 1942.1); Waiver of deposit rights, notice rights, or the right to sue the landlord; landlord not liable for its own negligence (Civ. Code 1953); One-sided attorney-fee clause (made reciprocal by Civ. Code 1717); Entry 'at any time without notice' (Civ. Code 1954)

  Source: Cal. Civ. Code §§ 1940-1954.06

• Colorado

  Clauses the state's law voids or limits

  Any waiver of the security-deposit protections (38-12-103(7)); Keeping deposit money for normal wear and tear or damage that existed before the tenancy (38-12-103, as amended by HB25-1249); Late-fee terms that break 38-12-105(1) (undisclosed, before day 7, above the cap, interest on fees) are void (38-12-105(2))

  Source: C.R.S. § 38-12-101 et seq.

• Florida

  Clauses the state's law voids or limits

  Waiving the tenant's rights, remedies or requirements under the Florida landlord-tenant act (83.47); Limiting either party's legal liability (83.47); Waiving the right to attorney fees (83.48: the prevailing party may recover, and this cannot be waived in the lease)

  Source: Fla. Stat. §§ 83.40-83.683

• Georgia

  Clauses the state's law voids or limits

  Waiver of the landlord's duty to repair/keep the home habitable, or making the tenant indemnify the landlord for the landlord's own negligence (O.C.G.A. 44-7-2); Deposit above 2 months' rent (44-7-30.1)

  Source: O.C.G.A. § 44-7-1 et seq.

• Illinois

  Clauses the state's law voids or limits

  Clause exempting the landlord from liability for its own negligence (765 ILCS 705/1); Confession-of-judgment clause

  Source: 765 ILCS 710

• Kentucky

  Clauses the state's law voids or limits

  Waiving tenant rights under the URLTA, confession of judgment, tenant paying the landlord's attorney fees, or limiting the landlord's liability (KRS 383.570, URLTA areas); Ending the lease or penalizing the tenant for calling police or other emergency help (KRS 383.302, statewide); Keeping the deposit without signed move-in/move-out damage lists or a separate deposit account (KRS 383.580, URLTA areas)

  Source: KRS 383.500-383.715

• Louisiana

  Clauses the state's law voids or limits

  Any waiver of the tenant's security-deposit rights under R.S. 9:3251-3254 (null and void, R.S. 9:3254); Waiver of the warranty against defects that seriously affect health or safety in a residential lease (art. 2699(3)); Waiver of the warranty for defects the landlord knew or should have known about and the tenant did not (art. 2699(1)); Deposit deductions beyond the tenant's default or unreasonable wear (R.S. 9:3251(A))

  Source: La. Civ. Code arts. 2668 et seq.; La. R.S. 9:3251 et seq.

• Maryland

  Clauses the state's law voids or limits

  Lease terms waiving a tenant's legal rights or remedies (8-208(d)(2)); Late fees above 5% of unpaid rent (8-208(d)(3)); Requiring more than the capped deposit plus first month's rent to start the lease (8-208(d)(11)); Penalizing a tenant for calling police or emergency services (8-208(d)(10)); Waiving a jury trial or requiring consent to confess judgment (8-208(d)(1),(4)); Automatic-renewal clauses (renewal period over 1 month) that are not set apart and initialed or signed by the tenant (8-208(e))

  Source: Md. Code, Real Prop. § 8-201 et seq.

• Minnesota

  Clauses the state's law voids or limits

  Waiving or modifying the landlord's repair and habitability covenants (504B.161, subd. 1(b)); Waiving the 24-hour entry notice right as a condition of the lease (504B.211, subd. 2); Late fee above 8% of the overdue rent, or not agreed in writing (504B.177); One-sided attorney-fee clause: if the landlord can recover fees, the tenant gets the same right when prevailing (504B.172); Any waiver of the security deposit rules, incl. 21-day return and interest (504B.178, subd. 10); Requiring renewal more than 6 months before a 10+ month lease ends (504B.144); Landlord notice of rent increase / non-renewal shorter than the tenant's required notice (504B.147); Charging full rent for a final partial month instead of prorating (504B.116)

  Source: Minn. Stat. ch. 504B

• Missouri

  Clauses the state's law voids or limits

  Waiving the tenant's repair-and-deduct rights under 441.234 (the statute says no lease may contain such a waiver); Security deposit above two months' rent (535.300.1); Lockouts, removing doors/locks, or shutting off utilities without a court order (441.233; counts as forcible entry and detainer); Deposit deductions for ordinary wear and tear (535.300.4); carpet-cleaning charges only if the lease includes the required notice and a receipt is given within 30 days

  Source: RSMo ch. 441; § 535.300

• Nevada

  Clauses the state's law voids or limits

  Security above 3 months' rent (118A.242); Late fees above 5% of rent (118A.210)

  Source: NRS 118A.010 et seq.

• New York

  Clauses the state's law voids or limits

  Waiver of the warranty of habitability (RPL 235-b); Deposit above one month's rent (GOL 7-108); Late fee before day 5 or above $50/5% (RPL 238-a); Landlord-only attorney-fee clause (made mutual by RPL 234); Clause exempting the landlord from liability for its own negligence (GOL 5-321)

  Source: N.Y. Real Prop. Law §§ 220-238-a; Gen. Oblig. Law § 7-108

• North Carolina

  Clauses the state's law voids or limits

  Waiver of the landlord's habitability duties (N.C.G.S. 42-42(b)); Fees beyond those allowed by 42-46 (late fee caps, limited eviction fees); Deposit above the 42-51 limits

  Source: N.C.G.S. §§ 42-38 to 42-56

• Ohio

  Clauses the state's law voids or limits

  Waiver of tenant rights under chapter 5321, confession of judgment, landlord exempt from liability, or tenant agreeing to pay the landlord's attorney fees (Ohio Rev. Code 5321.13)

  Source: Ohio Rev. Code ch. 5321

• Oregon

  Clauses the state's law voids or limits

  Late fees outside the ORS 90.260 limits; Rent increases above the statewide cap or within the first year (ORS 90.323; 3 months' rent penalty); Charging a new or increased security deposit during the first year (90.300(5))

  Source: ORS 90.100 et seq.

• Pennsylvania

  Clauses the state's law voids or limits

  Deposit above the 2-month (first year) / 1-month (later years) limit (68 P.S. 250.511a)

  Source: 68 P.S. §§ 250.101-250.602

• South Carolina

  Clauses the state's law voids or limits

  Waiving the tenant's rights or remedies under the Act (27-40-330(a)(1)); Confession of judgment (27-40-330(a)(2)); Limiting the landlord's liability or making the tenant indemnify the landlord for it (27-40-330(a)(3)); Excluding appliances or facilities needed for essential services from the landlord's repair duty (27-40-440(a)(5)); Receiving rent without the duty to maintain the premises (27-40-340)

  Source: S.C. Code Ann. § 27-40-10 et seq.

• Tennessee

  Clauses the state's law voids or limits

  Confession-of-judgment clause (66-28-203(a)(1)); Limiting the landlord's legal liability to the tenant, or making the tenant indemnify the landlord for it (66-28-203(a)(2)); Waiving or giving up the tenant's rights or remedies under the Act (66-28-203(b))

  Source: Tenn. Code Ann. § 66-28-101 et seq.

• Texas

  Clauses the state's law voids or limits

  Waiver of the landlord's duty to repair health/safety conditions (Prop. Code 92.006); Waiver of security-deposit return rights (Prop. Code 92.006, 92.103); Late fee charged before rent is 2 full days late or above a reasonable amount (Prop. Code 92.019)

  Source: Tex. Prop. Code ch. 92

• Utah

  Clauses the state's law voids or limits

  Late fee above the greater of 10% of rent or $75 (57-22-4(5)); Fees, fines or charges not in the rental agreement (unless month-to-month with 15 days' notice) (57-22-4(5)(b)); Deposit deductions for reasonable wear and tear (57-17-3(1)); A 'non-refundable' deposit portion that was never disclosed in writing when the deposit was taken (57-17-2)

  Source: Utah Code §§ 57-22-1 et seq.; 57-17-1 et seq.

• Virginia

  Clauses the state's law voids or limits

  Waiver of the tenant's rights or remedies under the Act (55.1-1208(A)(1)); Confession of judgment (55.1-1208(A)(3)); Tenant pays the landlord's attorney fees except as the Act allows (55.1-1208(A)(4)); Limiting the landlord's liability or making the tenant indemnify the landlord for it (55.1-1208(A)(5)); Deposit plus pre-paid insurance premiums above 2 months' rent (55.1-1208(A)(7)); Advance waiver of Servicemembers Civil Relief Act rights (55.1-1208(A)(8)); A general maintenance/repair fee not caused by the tenant's violation (55.1-1208(C)); Late fee above 10% of rent / of the balance due (55.1-1204(E))

  Source: Va. Code § 55.1-1200 et seq.

• Washington

  Clauses the state's law voids or limits

  Waiving tenant rights or the right to sue / join class actions (RCW 59.18.230(2)(a)-(b)); Non-disclosure agreements about the lease, rent, deposits, fees or concessions (59.18.230(2)(c)); Confession of judgment, or tenant paying landlord's attorney fees beyond what the chapter allows (59.18.230(2)(d)-(e)); Limiting the landlord's liability or making the tenant indemnify the landlord (59.18.230(2)(f)); Pre-selected arbitrator, or arbitration unless the landlord pays all costs and the agreement is notarized (59.18.230(2)(g)-(h)); Late fees for rent paid within 5 days of the due date (59.18.230(2)(i)); Rent payable only electronically (59.18.230(2)(j)); Liens on or seizing the tenant's belongings for rent (59.18.230(4)); Keeping a deposit without a signed move-in checklist, or for normal wear or undocumented carpet cleaning (59.18.260, 59.18.280)

  Source: RCW 59.18

Cities and counties can add stricter rules (e.g. Chicago, New York City). Other states: coming soon.

Other clauses to check

• Non-refundable security deposits
• Late fees
• Landlord entry without notice
• “Tenant pays all repairs” clauses
• Automatic renewal clauses
• Rent increase clauses
• Waivers of tenant rights
• Move-out cleaning & carpet fees
• Notice to move out