Waiver of jury trial
Common in commercial leases, less common (and sometimes unenforceable) in residential ones. You're giving up the right to a jury if you end up suing the landlord or vice versa.
Is this clause in your lease?
Upload your lease and we'll flag this clause (and every other red flag) in 30 seconds — free.
What it actually means
By signing, you agree that any lawsuit between you and the landlord will be decided by a judge alone, not a jury. Judges tend to be more predictable; juries are more sympathetic to individual tenants in damage or habitability disputes.
Several states (California, New York for residential disputes, and others) restrict or outright prohibit jury trial waivers in residential leases. Where they're allowed, they're generally enforceable.
What it looks like in a lease
"Landlord and Tenant each knowingly, voluntarily, and intentionally waive any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Lease or the Premises."
What to watch for
- Whether the waiver is paired with a mandatory arbitration clause (much worse — see that clause)
- Whether it includes counterclaims you'd want to bring (like habitability or security deposit return)
How to negotiate it
Ask to strike the entire paragraph. Landlords often agree because it's boilerplate. If they refuse, at minimum strike it for security deposit and habitability claims.
When it crosses into a red flag
- Waiver paired with a mandatory arbitration or class-action waiver clause
- Waiver extends to claims against the property management company, not just the landlord
Frequently asked questions
Is a jury trial waiver enforceable in a residential lease?
It depends on the state. California prohibits pre-dispute jury waivers, New York limits them in residential leases, and most other states enforce them if the waiver is 'knowing and voluntary.'
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.
