Attorney Fees Clause in a Lease: Do You Have to Pay the Landlord's Lawyer? (State-by-State)

State-by-state rules

Each row lists the lease terms the state's statute makes unenforceable; look for attorney-fee or collection-cost items. Not a complete list of every rule that may apply. Each row links to the statute. Data as of 2026-10-22.

• Alabama

  Lease terms the state treats as unenforceable

  Waiver of the tenant's remedies under 35-9A-204, 35-9A-401, 35-9A-404, the chapter's security-deposit rules or unlawful-detainer law (35-9A-163(a)(1), (b)); Confession-of-judgment clauses (35-9A-163(a)(2)); Clauses making the tenant pay the landlord's attorney's fees and costs of collection (35-9A-163(a)(3)); Clauses exculpating or limiting the landlord's liability or making the tenant indemnify the landlord for it (35-9A-163(a)(4)); knowingly enforcing one exposes the landlord to actual damages plus up to one month's rent and attorney's fees (35-9A-163(b)); Security deposit above one month's rent except for pets, premises changes or increased liability risk (35-9A-201(a)); Landlord lien on household goods and distraint for rent (35-9A-425); Self-help eviction or cutting off essential services to regain possession (35-9A-427)

  Source: Ala. Code 35-9A-101 et seq.

• Alaska

  Lease terms the state treats as unenforceable

  A lease clause waiving or forgoing the tenant's or landlord's rights or remedies under the Act (§ 34.03.040(a)(1)); A clause authorizing a confession of judgment on a claim arising from the lease (§ 34.03.040(a)(2)); A clause exculpating or limiting a party's liability under the law, or requiring indemnity for that liability or its costs (§ 34.03.040(a)(3)); A clause requiring a party to pay the other side's attorney fees (§ 34.03.040(a)(4)); attorney fees go to the prevailing party by statute (§ 34.03.350). A party who willfully uses a lease containing a known prohibited provision is liable for the other party's actual damages (§ 34.03.040(b)); A security deposit and prepaid rent above two months' rent on a unit renting for $2,000 a month or less (§ 34.03.070(a))

  Source: AS 34.03.010 et seq.

• Arizona

  Lease terms the state treats as unenforceable

  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.

• Arkansas

  Lease terms the state treats as unenforceable

  A lease term waiving the implied quality standards or other rights, duties or remedies under the Residential Landlord-Tenant Act (18-17-502(b), (g)); A security deposit (however named, e.g. pet or cleaning deposit) above two months' periodic rent, where the deposit statute applies (18-16-304); Any term letting the tenant withhold or offset rent over missing quality standards is itself barred; the tenant's only statutory remedy is notice and termination (18-17-502(d))

  Source: Ark. Code 18-17-101 et seq.; 18-16-301 to 18-16-306

• California

  Lease terms the state treats as unenforceable

  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

  Lease terms the state treats as unenforceable

  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.

• Connecticut

  Lease terms the state treats as unenforceable

  Waiving the tenant's rights or remedies under the landlord-tenant statutes or any ordinance (47a-4(a)(1)); Authorizing the landlord to confess judgment (47a-4(a)(2)); Exculpating or limiting the landlord's liability, or making the tenant indemnify the landlord (47a-4(a)(3)); Waiving the right to interest on the security deposit (47a-4(a)(4)); Letting the landlord dispossess the tenant without a court order (47a-4(a)(5)); Consenting to distraint (seizure) of the tenant's property for rent (47a-4(a)(6)); Tenant paying the landlord's attorney's fees above 15% of a money judgment against the tenant (47a-4(a)(7)); A late charge before the 9-day grace period ends, or above the cap of $5/day (max $50) or 5% (47a-4(a)(8), (9); 47a-15a); A heat or utilities surcharge when heat or utilities are included in the rent (47a-4(a)(10)); Move-in or move-out fees, or application fees other than a screening-report fee of $50 plus CPI adjustment (47a-4d(b), (c)); Requiring electronic transfer as the only way to pay rent or deposit (47a-4c)

  Source: Conn. Gen. Stat. chs. 830 (Rights and Responsibilities of Landlord and Tenant), 831 (Security Deposits), 832 (Summary Process)

• Delaware

  Lease terms the state treats as unenforceable

  Waiving the tenant's rights or remedies under the Code (§ 5301(a)(1)); Authorizing anyone to confess judgment against the tenant (§ 5301(a)(2)); Limiting the landlord's liability or making the tenant indemnify the landlord (§ 5301(a)(3)); Requiring the tenant to declaw a cat (§ 5301(a)(4)); Any attorney-fee clause, for either party (§ 5111); Late fee above 5% of monthly rent or charged within 5 days of the due date (§ 5501(d)); Security deposit above 1 month's rent on an unfurnished unit with a lease of 1 year or more (§ 5514(a)); Exempting the landlord from liability for harm caused by its entry into the unit (§ 5510(d))

  Source: Del. Code tit. 25, chs. 51-59

• District of Columbia

  Lease terms the state treats as unenforceable

  Any lease term contrary to, or waiving, the housing-code tenant protections (14 DCMR § 304.1); Exempting or limiting the landlord's liability for injury or damage caused by the landlord's negligence (14 DCMR § 304.3); Waiving the tenant's right to a jury trial, requiring the tenant to pay the landlord's court costs or legal fees, or authorizing confession of judgment (14 DCMR § 304.4); Charging fees or deposit deductions for professional cleaning or ordinary wear and tear (14 DCMR § 301.4; D.C. Code § 42-3502.17(c)); Late fees above 5% of rent or charged within the 5-day grace period (D.C. Code § 42-3505.31); Requiring more than 30 days' notice to vacate unless the landlord must give the same notice of rent increases (D.C. Code § 42-3505.54(b))

  Source: D.C. Code § 42-3501.01 et seq.; 14 DCMR §§ 300-311

• Florida

  Lease terms the state treats as unenforceable

  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

  Lease terms the state treats as unenforceable

  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.

• Hawaii

  Lease terms the state treats as unenforceable

  Any waiver by landlord or tenant of rights or remedies under ch. 521, except as the chapter allows (HRS 521-31(a)); A security deposit above one month's rent (plus a capped pet-damage deposit) or collecting any money at move-in other than first month's rent and the deposit (521-44(b)); Treating the security deposit as last month's rent unless agreed in writing with 45 days' notice (521-44(b)); Late charges above 8% of the rent due (521-21(f)); Requiring postdated checks or other negotiable instruments for rent (521-44(e)); Any agreement exempting the landlord from liability for improper entry (other than consent to a particular entry) (521-73(d)); Tenant house rules not meeting the 521-52(b) tests (reasonably related, applied fairly to all tenants, explicit, and disclosed or consented to in writing if a substantial change); A termination notice given to evade the 45-day / 15-day rent-increase notice rules (521-71(f))

  Source: HRS ch. 521

• Idaho

  Lease terms the state treats as unenforceable

  Fee, fine, assessment, interest or other cost in a residential lease that is unreasonable, or above the amount agreed in the rental agreement (Idaho Code 55-305(1), (2)); Retaining any part of the security deposit for normal wear and tear (Idaho Code 6-321(1)); Local rules on rent, fees or deposits are barred by state law (55-306), so a lease cannot cite them as authority

  Source: Idaho Code 6-301 to 6-324; 55-208; 55-304 to 55-306

• Illinois

  Lease terms the state treats as unenforceable

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

  Source: 765 ILCS 710

• Indiana

  Lease terms the state treats as unenforceable

  Any waiver of the security deposit chapter by landlord or tenant (IC 32-31-3-17); Any waiver of the entry/lockout, tenant-obligation, landlord-obligation, retaliation or crime-victim chapters (IC 32-31-5-1(c), 7-4, 8-4, 8.5-0.5, 9-1(c)); Using the deposit for anything other than the purposes in IC 32-31-3-13 (damage beyond ordinary wear and tear, rent owed, last month's rent if agreed in writing, utility/sewer charges); Letting the landlord take or hold the tenant's belongings, or lock the tenant out or cut essential services, to enforce the lease (IC 32-31-5-5, 5-6(c)); Requiring a lien on the tenant's motor vehicle as security (IC 32-31-3-13.5); Local rental caps or local rules on deposits and fees are void (IC 32-31-1-20), so lease terms cannot rely on them

  Source: IC 32-31

• Iowa

  Lease terms the state treats as unenforceable

  Waiving the tenant's rights or remedies under the Act (562A.11(1)(a); exception for single-family homes on agricultural land in unincorporated areas); Authorizing anyone to confess judgment against the tenant (562A.11(1)(b)); Agreeing to pay the other party's attorney fees (562A.11(1)(c)); Limiting the landlord's liability or making the tenant indemnify the landlord (562A.11(1)(d)); Security deposit over 2 months' rent (562A.12(1)); Late fee above $12/day and $60/month (rent up to $700) or $20/day and $100/month (rent over $700) (562A.9(4))

  Source: Iowa Code ch. 562A

• Kansas

  Lease terms the state treats as unenforceable

  Waiving the tenant's rights or remedies under the Act (58-2547(a)(1)); Authorizing anyone to confess judgment against the tenant (58-2547(a)(2)); Requiring the tenant to pay either party's attorney fees (58-2547(a)(3)); Limiting the landlord's legal liability or making the tenant indemnify the landlord, except limits on liability for fire, theft or breakage in common areas (58-2547(a)(4))

  Source: K.S.A. 58-2540 et seq.

• Kentucky

  Lease terms the state treats as unenforceable

  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

  Lease terms the state treats as unenforceable

  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.

• Maine

  Lease terms the state treats as unenforceable

  Absolving the landlord from liability for its own or its agent's negligence (§ 6030(2)(A)); Making the tenant pay the landlord's legal fees for enforcing the lease (§ 6030(2)(B); narrow exception for prevailing-party fees after a contested hearing in cases of wanton disregard, § 6030(3)); Requiring the tenant to give a lien on their property for rent or other sums (§ 6030(2)(C)); Requiring the tenant to acknowledge that the lease or rules are fair and reasonable (§ 6030(2)(D)); A fee or penalty just for ending the tenancy, beyond re-letting costs after a notice breach, unpaid rent or tenant-caused damage (§ 6030(2)(E)); Waiving any tenant right under chs. 709, 710 or 710-A (§ 6030(1)); Late fee above 4% of monthly rent or charged before rent is 15 days late (§ 6028); Security deposit above 2 months' rent (§ 6032); Waiving the landlord's duty to keep the unit free of dangerous conditions (§ 6026(5))

  Source: 14 M.R.S. chs. 709, 710, 710-A

• Maryland

  Lease terms the state treats as unenforceable

  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.

• Massachusetts

  Lease terms the state treats as unenforceable

  Letting the landlord enter the unit before the lease ends for any reason other than inspecting, making repairs, or showing it to a prospective tenant, purchaser or mortgagee, apart from entry under a court order or if the unit appears abandoned (c. 186 § 15B(1)(a)); Charging interest or a late-payment penalty before rent is 30 days overdue (c. 186 § 15B(1)(c)); Requiring at or before move-in anything beyond first month's rent, last month's rent, a security deposit of no more than one month's rent, and the cost of a key and lock (c. 186 § 15B(1)(b)); or demanding more than the current month's rent in advance, or a larger deposit, after the tenancy starts (§ 15B(1)(d)); Deducting from the deposit for anything other than unpaid rent or water charges, an unpaid tax-escalation increase, or reasonable repair of damage beyond ordinary wear and tear, or for damage already listed in the move-in condition statement (c. 186 § 15B(4)); Any lease term that conflicts with the security deposit section, or any tenant waiver of it (c. 186 § 15B(8)); using one and trying to enforce it also costs the landlord the right to keep any of the deposit (§ 15B(6)(c)); Exempting the landlord from liability, or making the tenant indemnify the landlord, for injury, loss or damage arising from the landlord's own fault or negligence on or about the premises or its common areas (c. 186 § 15); Waiving the right to a jury trial in litigation with the landlord, or agreeing that no landlord act or failure to act can be a constructive eviction (c. 186 § 15F); Waiving the written notices required to end a tenancy (c. 186 § 15A); Ending the lease, or letting the landlord end it, because the tenant has or will have a child living in the unit (c. 186 § 16); Waiving the landlord's duty to provide required services (such as heat, water, hot water) or the tenant's quiet enjoyment, except for restrictions by government or repair or natural-cause interruptions (c. 186 § 14); Waiving the anti-retaliation protections (c. 186 § 18), the right to raise the owner's building-code defect as a defense after injury in a common area (c. 186 § 15E), or the rent-withholding and repair-and-deduct rights (c. 239 § 8A; c. 111 § 127L)

  Source: M.G.L. c. 186, §§ 11-18; c. 239, §§ 2A, 8A; c. 111, § 127L

• Michigan

  Lease terms the state treats as unenforceable

  Waiving or altering the tenant's remedies when the premises violate the fitness and habitability covenants (554.633(1)(a)); Waiving any right under the security deposit act (554.633(1)(b), 554.606); Discrimination barred by the Elliott-Larsen Civil Rights Act or the Persons with Disabilities Civil Rights Act (554.633(1)(c)); source-of-income discrimination by landlords of 5 or more units (554.601c); Confession of judgment (554.633(1)(d)); Exculpating the landlord from liability for its failure to perform, or negligent performance of, a legal duty (554.633(1)(e)), except insured fire or casualty loss waivers; Waiving a jury trial or notice/procedure rights in court (554.633(1)(f)); Making a party liable for attorney's fees or legal costs beyond those the statute allows (554.633(1)(g)); A landlord security interest in the tenant's personal property for rent (554.633(1)(h)); Rent acceleration on breach unless the lease also says the tenant may not owe the full amount because the landlord must mitigate and a court can decide the amount (554.633(1)(i)); Waiving eviction or possession procedures under MCL 600.2918 or chapter 57 of the revised judicature act (554.633(1)(j)); Releasing a party from the duty to mitigate damages (554.633(1)(k)); Letting the landlord change lease terms mid-lease without written consent, except the 30-day-notice adjustments listed in 554.633(1)(l); Anything violating the Michigan Consumer Protection Act (554.633(1)(m)); Requiring the tenant to give a power of attorney (554.633(1)(n)); Charging an added fee on every rent payment method the lease allows; at least one method must be free (554.633(1)(o), eff. Sept. 21, 2026); Any clause already barred by statute or a published Michigan/US Supreme Court decision at least 90 days before signing (554.633(2)); void clauses are unenforceable (554.633(3))

  Source: MCL 554.601 to 554.616; 554.631 to 554.641; 554.139; 554.134; 600.5714; 600.5720; 600.2918

• Minnesota

  Lease terms the state treats as unenforceable

  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

• Mississippi

  Lease terms the state treats as unenforceable

  A landlord or tenant waiving or forgoing any of the rights, duties or remedies under the Residential Landlord and Tenant Act, except as the Act allows (89-8-5); A clause authorizing any person to confess judgment on a claim arising out of the rental agreement (89-8-5(a)); A clause exculpating or limiting the landlord's liability arising from the landlord's willful misconduct or the costs connected with it (89-8-5(b)); A clause waiving a cosigner's right to end the lease on the death of the lessee, for leases entered into or renewed from July 1, 2011 (89-8-29(4))

  Source: Miss. Code Ann. 89-8-1 to 89-8-45

• Missouri

  Lease terms the state treats as unenforceable

  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

• Montana

  Lease terms the state treats as unenforceable

  Waiving or giving up rights or remedies under the Residential Landlord and Tenant Act (§ 70-24-202(1)); Authorizing anyone to confess judgment on a claim arising from the lease (§ 70-24-202(2)); Excusing a party from liability for its own purposeful misconduct or negligence, or making the other party indemnify it or pay its costs or attorney fees for that liability (§ 70-24-202(3)); Requiring the tenant to provide an e-mail address as a condition of renting (§ 70-24-202(4)); Any lease term contrary to the security deposit chapter, or a tenant waiver of it (§ 70-25-103); Early-termination or liquidated-damages amount above 1 month's rent: a lease may set an agreed amount for terminating without cause, but it may not exceed 1 month's rent (§ 70-24-201(2)(f)); Extra fee for paying rent a particular way, beyond recouping an electronic bank fee for electronic payment (§ 70-24-201(4))

  Source: MCA Title 70, chs. 24 and 25

• Nebraska

  Lease terms the state treats as unenforceable

  Any clause by which the tenant waives rights or remedies under the Act (76-1415(1)(a)); Confession of judgment clauses (76-1415(1)(b)); Clauses making the tenant pay the landlord's or tenant's attorney's fees (76-1415(1)(c)); Clauses exculpating or limiting landlord liability for active actionable negligence, or making the tenant indemnify the landlord for it (76-1415(1)(d)); Security deposit above one month's rent (pet deposit above one-fourth of a month's rent) (76-1416(1))

  Source: Neb. Rev. Stat. 76-1401 to 76-1449

• Nevada

  Lease terms the state treats as unenforceable

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

  Source: NRS 118A.010 et seq.

• New Hampshire

  Lease terms the state treats as unenforceable

  Any lease provision by which the tenant waives rights under the security deposit subdivision (RSA 540-A:5-8) is void, except the transfer clause in 540-A:6, III(d) (RSA 540-A:8, III); A deposit above one month's rent or $100, whichever is greater (RSA 540-A:6, I(a)); Mingling deposits with the landlord's own money outside the trust-account or bond options (RSA 540-A:6, II); Retaining a deposit beyond 30 days after termination without an itemized list of damages (RSA 540-A:7, I; 540-A:8, I(b)); Self-help lockout or utility shut-off to force a tenant out (RSA 540-A:3, I-III; 540-A:4, IX); Collecting an application/renewal fee without prior written disclosure, or keeping the unused part of it after not renting to the applicant (RSA 540-A:3, VIII, eff. 2025-01-01)

  Source: RSA 540; RSA 540-A

• New Jersey

  Lease terms the state treats as unenforceable

  Waiving any Security Deposit Law right (absolutely void) (46:8-24); Allowing termination or nonrenewal without the good cause listed in the Anti-Eviction Act, or waiving other rights under it (2A:18-61.4); Any clause that violates clearly established tenant rights or landlord duties; the tenant may ask a court to end the lease (46:8-48); A deposit above 1.5 months' rent, or added security above 10% of the current deposit per year (46:8-21.2); Requiring rent or other payments by electronic funds transfer (46:8-49.1); A one-way attorney's fee clause: a lease letting the landlord recover attorney's fees implies a matching right for a tenant who wins, and the clause must carry the required bold notice (2A:18-61.66, 61.67); Application fees above $50 (CPI-adjusted yearly; not for 1-2 family dwellings) (46:8-18.1); Late charges during the 5-business-day grace period for covered senior or benefit-recipient tenants (2A:42-6.1, 6.3)

  Source: N.J.S.A. 46:8-19 to 46:8-26; 2A:18-61.1 to 61.4; 2A:42-6.1 to 6.3; 2A:42-10.10 to 10.13; N.J.A.C. 5:10-5.1

• New Mexico

  Lease terms the state treats as unenforceable

  Any clause making the resident or owner waive rights or remedies under the law (47-8-16); Guest-occupancy fees for a reasonable number of guests for a reasonable time (47-8-15(E)); Late fees above 5% of rent, or calculated on deposits, fees or utilities (47-8-15(D)); Screening or application fees above $50 or any other application-processing fees (47-8-19.2); Deposit deductions for normal wear and tear (47-8-18(C)); Lockouts, removal of belongings or utility shut-offs without a court order (47-8-36)

  Source: NMSA 1978 §§ 47-8-1 to 47-8-52

• New York

  Lease terms the state treats as unenforceable

  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

  Lease terms the state treats as unenforceable

  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

• North Dakota

  Lease terms the state treats as unenforceable

  A residential lease or provision a court finds unconscionable when made may be refused enforcement, limited, or enforced without the offending provision (§ 47-16-13.3); A residential lease clause requiring more than one month's notice to terminate that is not stated and initialed by the tenant: the tenant may still terminate with one calendar month's notice (§ 47-16-15(4)); A security deposit above one month's rent, except the two-month and pet-deposit exceptions in § 47-16-07.1; A fee charged for accepting cash, a check or a money order as rent payment (§ 47-16-20.1); Enforcement of an automatic renewal clause in a residential lease without the landlord's prior 30-day written notice (§ 47-16-06.1)

  Source: N.D.C.C. ch. 47-16; ch. 47-32

• Ohio

  Lease terms the state treats as unenforceable

  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

• Oklahoma

  Lease terms the state treats as unenforceable

  Waiver of the tenant's or landlord's rights or remedies under the Act (§ 113(A)(1), (B)); Confession of judgment on a claim arising from the rental agreement (§ 113(A)(2)); Agreement to pay the other party's attorney's fees (§ 113(A)(3)); note § 105(B) gives the prevailing party reasonable attorneys' fees by statute; Exculpation, limitation or indemnification of a party's liability for damages or injuries to persons or property caused by its acts or omissions in operating or maintaining the unit or premises (§ 113(A)(4)); A lien on the other party's property except as the Act allows (§ 113(A)(5)); Waiver or limit of the right to summon a peace officer or emergency assistance in an emergency (§ 113(A)(6)); Any agreement conflicting with a provision of the Act (§ 103(B))

  Source: 41 O.S. §§ 101-136

• Oregon

  Lease terms the state treats as unenforceable

  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

  Lease terms the state treats as unenforceable

  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

• Rhode Island

  Lease terms the state treats as unenforceable

  Any clause by which the tenant waives rights or remedies under the Residential Landlord and Tenant Act (34-18-17(a)(1)); Any clause authorizing a confession of judgment on a claim arising from the lease (34-18-17(a)(2)); Any clause making the tenant pay the landlord's attorney's fees in a way inconsistent with the chapter (34-18-17(a)(3)); Any clause exculpating or limiting the landlord's legal liability or making the tenant indemnify the landlord (34-18-17(a)(4)); a landlord who deliberately uses such a lease is liable for actual damages, up to 3 months' rent and attorney's fees (34-18-17(b)); Any waiver of the security deposit protections (34-18-19(h)); Any clause letting the landlord receive rent free of the duty to keep the premises habitable under 34-18-22(a) (34-18-18); A rental application fee charged to the tenant, other than an actual-cost official background check or credit report (34-18-59); A convenience fee added to a rent payment where a fee-free payment method is not accepted (34-18-61); Any inquiry into a tenant's or applicant's immigration or citizenship status (34-18-62, effective July 2, 2025)

  Source: R.I. Gen. Laws 34-18

• South Carolina

  Lease terms the state treats as unenforceable

  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.

• South Dakota

  Lease terms the state treats as unenforceable

  A clause waiving or modifying the landlord's duty to keep the premises in repair and fit for habitation (§ 43-32-8); A security deposit above one month's rent, unless the parties agree to more because of special conditions endangering the premises (§ 43-32-6.1); A lease term authorizing eviction of a tenant who calls or seeks help from law enforcement or emergency responders because of alleged domestic abuse, unlawful sexual behavior or stalking (§ 43-32-18.1)

  Source: SDCL ch. 43-32

• Tennessee

  Lease terms the state treats as unenforceable

  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

  Lease terms the state treats as unenforceable

  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

  Lease terms the state treats as unenforceable

  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.

• Vermont

  Lease terms the state treats as unenforceable

  Any lease provision that attempts to circumvent the obligations and remedies of chapter 137 (§ 4454); A waiver of the implied warranty of habitability (§ 4457(b)); Charging an application fee to apply for a residential rental (§ 4456a(a)); Requiring a Social Security number on the application or refusing an application for lacking one (the landlord must accept government ID, an ITIN or an SSN for a background or credit check) (§ 4456a(b)); Shutting off utilities or denying access to the unit or the tenant's belongings without court process (§ 4463); Withholding any part of the deposit after missing the 14-day deadline: the landlord forfeits the right to withhold (§ 4461(e))

  Source: 9 V.S.A. §§ 4451-4469a

• Virginia

  Lease terms the state treats as unenforceable

  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

  Lease terms the state treats as unenforceable

  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

• West Virginia

  Lease terms the state treats as unenforceable

  Any lease clause waiving or giving up the tenant's rights or remedies under the security-deposit article is unenforceable; if the landlord sues to enforce it, the tenant may recover actual damages and reasonable attorney's fees (§ 37-6A-4); A lease term that gives the landlord a lower duty than the habitability duties does not displace them: a lease may only impose a greater duty on the landlord, and that greater duty controls (§ 37-6-30(b))

  Source: W. Va. Code §§ 37-6-1 et seq., 37-6A-1 et seq.

• Wisconsin

  Lease terms the state treats as unenforceable

  Allowing the landlord to raise rent, cut services, sue for possession, refuse renewal or threaten these because the tenant contacted police, health or safety services (Wis. Stat. 704.44(1m); ATCP 134.08(1)); Authorizing eviction or exclusion other than through court eviction procedure (Wis. Stat. 704.44(2m); ATCP 134.08(2)); Accelerating rent on default or waiving the landlord's duty to mitigate damages (Wis. Stat. 704.44(3m); ATCP 134.08(3)); Making the tenant pay the landlord's attorney fees or costs in a dispute under the lease (Wis. Stat. 704.44(4m); ATCP 134.08(4); court-ordered fees under chs. 799 or 814 still allowed); Letting the landlord confess judgment against the tenant (Wis. Stat. 704.44(5m); ATCP 134.08(5)); Saying the landlord is not liable for property damage or injury caused by the landlord's negligence (Wis. Stat. 704.44(6); ATCP 134.08(6)); Making the tenant liable for personal injury beyond their control or property damage from natural disasters or non-guests (ATCP 134.08(7)); Waiving the landlord's duty to deliver a fit, habitable unit or maintain it (ATCP 134.08(8)); Letting the landlord end the tenancy solely because the tenant (or household member) is a crime victim, or for crime without the s. 704.14 domestic-abuse notice in the lease (ATCP 134.08(9), (10)); Withholding deposit for normal wear and tear (Wis. Stat. 704.28(3); ATCP 134.06(3)(c))

  Source: Wis. Stat. ch. 704; Wis. Admin. Code ATCP 134

• Wyoming

  Lease terms the state treats as unenforceable

  A lease or separate agreement that waives or modifies the Wyoming Safe Homes Act: a tenant who vacates because of a credible imminent threat of domestic abuse or sexual violence, on 7 days' written notice with medical, court or police evidence, has an affirmative defense to a rent claim for the period after vacating, and a landlord may not terminate a tenancy solely because the tenant is a victim (§§ 1-21-1303, 1-21-1304)

  Source: W.S. 1-21-1201 to 1-21-1211; W.S. 1-21-1001 to 1-21-1004

Cities and counties can add stricter rules (e.g. Chicago, New York City). Full rules for each state: state tenant laws.

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
• “Landlord not liable” & other void clauses
• Security deposit earns no interest
• Pet deposits, pet fees & pet rent
• “As is” condition clauses
• No grace period & daily late fees
• First and last month's rent plus deposit
• Lockouts & utility shut-offs