Jury trial waiver paired with mandatory arbitration
This combo forces disputes into arbitration AND waives your right to a jury if arbitration fails. Maximum landlord protection, minimum tenant rights.
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What it actually means
Arbitration already avoids juries. Adding a jury waiver is belt-and-suspenders for the landlord.
Challenge enforceability — courts sometimes void these stacked waivers as unconscionable.
What it looks like in a lease
"Tenant waives any right to trial by jury. All disputes shall be resolved by binding arbitration."
What to watch for
- Whether any court option remains
- Arbitrator selection
How to negotiate it
'Please remove both waivers. I want access to the court system.'
When it crosses into a red flag
- Stacked waivers
Frequently asked questions
Can I fight this?
Yes — argue unconscionability. Courts sometimes void one-sided stacked waivers.
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.
