Prohibited provisions in rental agreements
- • remedy
(1) A rental agreement may not provide that the tenant:
(a) Agrees to waive or forgo rights or remedies under this chapter;
(b) Authorizes any person to confess judgment on a claim arising out of the rental agreement;
(c) Agrees to the exculpation or limitation of any liability arising as a result of the other party’s willful misconduct or negligence or to indemnify the other party for that liability or costs connected therewith; or
(d) Agrees to pay liquidated damages, except as allowed under ORS 90.302 (Fees allowed for certain landlord expenses) (2)(e).
(2) A provision prohibited by subsection (1) of this section included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by the landlord to be prohibited and attempts to enforce such provisions, the tenant may recover in addition to the actual damages of the tenant an amount up to three months’ periodic rent. [Formerly 91.745; 2009 c.431 §11]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.