Broad indemnification of landlord for any claims

Reviewed by Marcus A. Hall, Founder
Red flag
Often unenforceable, and a signal of a problem landlord.
Quick answer

A broad indemnification clause makes you liable for the landlord's negligence — that's often unenforceable and always unfair.

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What it actually means

Indemnification means you agree to pay the landlord's legal costs if they're sued. A narrow version (your guests' actions) is normal.

A broad version (all claims, including landlord negligence) shifts their risks to you. Courts often strike these down.

What it looks like in a lease

"Tenant shall indemnify and hold Landlord harmless from any and all claims arising from Tenant's occupancy or the condition of the Premises."

What to watch for

  • Whether landlord negligence is excluded
  • Whether it includes attorney fees

How to negotiate it

'I'll indemnify you for my actions and my guests', but not for your negligence or building defects.'

When it crosses into a red flag

  • Includes landlord's own negligence
  • Unlimited scope

Frequently asked questions

Is this enforceable?

Broad indemnification for landlord's own negligence is often void — but it takes a lawsuit to prove.

Related clauses

General information, not legal advice. Clauses are interpreted differently across states and courts. For a binding interpretation of your specific lease, consult a licensed attorney in your state.

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