Severability clause
Standard legal boilerplate: if a court throws out one part of the lease, the rest still applies. It's in almost every lease and is generally fine.
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What it actually means
A severability clause tells a judge: 'if you find any single provision unenforceable, don't nuke the whole lease — just delete that provision and keep the rest.' It protects both sides from losing their entire agreement over one bad paragraph.
This is one of the most universal contract clauses in existence. It's almost never worth negotiating. The one thing to notice is what happens to the parts around the struck provision — a well-written severability clause says the remaining terms are 'reformed to reflect the parties' intent' rather than left dangling.
What it looks like in a lease
"If any provision of this Lease is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect."
What to watch for
- Whether the clause reforms invalid provisions to the maximum extent allowed by law (this can revive an otherwise-invalid late fee at the state cap, for example)
- Whether it's paired with a waiver of your right to challenge specific provisions
How to negotiate it
This is boilerplate — don't spend negotiating capital here.
When it crosses into a red flag
- '…shall be automatically reformed to the maximum extent enforceable' can quietly rescue clearly-illegal clauses
- Paired with a 'no waiver by landlord' clause that makes enforcement one-way
Frequently asked questions
Can I strike the severability clause?
Technically yes, but no landlord will agree, and you don't want to — striking it means one bad clause could void your whole lease, including protections you want.
Want to know how this works in your specific state? Read the Breaking a lease early guide, or pick your state from the guide index.
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.
