Landlord not liable for any damages to tenant

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

A clause absolving the landlord of all liability is usually unenforceable — especially for gross negligence or habitability failures.

Is this clause in your lease?

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What it actually means

Landlords can't contract away responsibility for maintaining safe, habitable premises. This clause may scare tenants but rarely holds up.

Renters insurance covers your stuff — but the landlord's negligence (e.g., faulty wiring causing fire) is their problem, not yours.

What it looks like in a lease

"Landlord shall not be liable for any injury, loss, or damage to Tenant or Tenant's property, regardless of cause."

What to watch for

  • Whether gross negligence is excepted
  • Whether it conflicts with habitability warranty

How to negotiate it

'Please add: except for Landlord's gross negligence or breach of warranty of habitability.'

When it crosses into a red flag

  • Blanket waiver
  • No exceptions

Frequently asked questions

Can I sue anyway?

Yes — the clause is likely void as against public policy for serious claims.

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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