legal in the lease?

[sohnaf]

What is the name of your state? Ohio

In the rental/lease agreement, the following statement is stated:

Lessor shall not be liable for any injury to any person, or damage to, or loss of any property of any person, however occurring, and by or from any cause whatsoever. Lessee agrees to hold Lessor harmless from any and all liablity, liens, claims, damages, costs, fines, penalties, suits, actions or causes of action arising therefrom. This provision shall survive the termination of this Lease.

I understand the first sentence maybe, but what about the second statement? Are they saying that the lessee can't sue or file claim against the lessor? If so, is that statement legal? Even with this statement, could the lessee still sue the lessor if they feel that the lessor has broken any landlord/tenant law?

 

[BelizeBreeze]

no****************************......

 

[ecmst12]

I don't think this clause will hold up in court. If the LL is negligent, he can (and should) be held liable for it, regardless of bogus "waivers".

 

[CALIFPROLAW2]

What is the name of your state? Ohio

In the rental/lease agreement, the following statement is stated:

Lessor shall not be liable for any injury to any person, or damage to, or loss of any property of any person, however occurring, and by or from any cause whatsoever. Lessee agrees to hold Lessor harmless from any and all liablity, liens, claims, damages, costs, fines, penalties, suits, actions or causes of action arising therefrom. This provision shall survive the termination of this Lease.

I understand the first sentence maybe, but what about the second statement? Are they saying that the lessee can't sue or file claim against the lessor? If so, is that statement legal? Even with this statement, could the lessee still sue the lessor if they feel that the lessor has broken any landlord/tenant law?

My response:

So, the landlord wants to place marbles on your doorstep?

No, the clause is NOT enforceable. It's against public policy to contractually excuse or omit your own negligence from action. And, besides, what is the "consideration" for such a waiver?

IAAL