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Lease dictionary

Liability waiver

A clause claiming the landlord isn't responsible even when they're at fault - often unenforceable.

A liability (or 'exculpatory') waiver says the landlord isn't liable for injuries or losses on the property - sometimes even ones caused by their own negligence, like ignoring a broken railing.

Most states refuse to enforce waivers of a landlord's own negligence in residential leases. The clause still appears constantly, betting tenants won't know.

Watch out

Seeing this clause doesn't mean you're unprotected - it usually means the opposite: the landlord wrote a lease hoping you wouldn't check.

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