Can you tell a tenant they are giving up rights in a lease agreement?

UPDATED: Feb 14, 2012

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Can you tell a tenant they are giving up rights in a lease agreement?

I downloaded a month-to-month lease agreement that says at the end, “This is an important LEGAL document…you are giving up certain important rights.” It’s supposed to conform to state landlord-tenant law (that law states that a landlord can’t require a tenant to give up waive his/her legal rights). So is it even legal to have such a statement in a lease agreement?

Asked on February 14, 2012 under Real Estate Law, Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Since a residential tenancy is an arms length transaction between the landlord and the tenant, certain rights can be waived by the tenant and the landlord so long as the waiver is not in violation of a given state's laws as to a certain provision of the lease.

Many such agreements for a tenancy have such a waiver provision in order to put parties on notice that important rights may be waived. The issue is then whether those rights being waived can actually be waived due to a given state's laws.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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