Waiver of claims for landlord negligence
Waiving claims for landlord negligence is often unenforceable, especially for gross negligence or willful misconduct. Don't accept it.
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What it actually means
If the landlord's broken staircase causes you to fall, they're liable — period. A signed waiver doesn't change that.
Courts in most states refuse to enforce negligence waivers in residential leases as against public policy.
What it looks like in a lease
"Tenant waives any claims against Landlord arising from Landlord's negligence or failure to maintain the Premises."
What to watch for
- Whether gross negligence is carved out
- Whether it's limited to certain areas
How to negotiate it
'Please strike this clause — it's unenforceable and signals bad faith.'
When it crosses into a red flag
- Blanket waiver
- Includes gross negligence or willful acts
Frequently asked questions
Is this legal?
Usually no — courts void these in residential contexts.
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.
