Urbana — Ch. 12.5 Landlord-Tenant Relationships § 12.5-10
Rental agreements—Prohibited provisions
Operative Text
(a) Except as otherwise provided by this article, no rental agreement between the landlord and the tenant shall contain any provision: (1) Waiving the rights or remedies provided under this article; (2) Waiving any statutory rights or remedies provided under state or federal law; (3) Providing that either the landlord or the tenant confess judgment on a claim arising out of the rental agreement; (4) Providing that either the landlord or the tenant may recover attorney's fees incurred to enforce the rental agreement unless the rental agreement stipulates that both the landlord and the tenant be entitled to recovery of attorney's fees under identical terms and conditions; (5) Limiting the liability of the landlord or the tenant arising under law; (6) Prohibiting the tenant from subletting the rental unit; (7) Requiring a monthly late fee in excess of five (5) percent of the monthly rental payment per month; fees in excess of this amount may be charged if the landlord demonstrates actual costs which are greater; (8) Providing for tenant's payment of lock-out charges, sublet fees, late checkout charges or any other fees or penalties that exceed the landlord's actual costs for services; or (9) Automatically renewing the rental agreement by reason of the tenant's failure to provide notice of intent not to renew. (b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable. If the landlord deliberately attempts to enforce any provision in a rental agreement which is prohibited, the tenant may recover an amount totaling not more than two (2) months' rent and such damages, costs and reasonable attorney's fees as a court shall determine and award. The landlord shall be considered to have deliberately attempted to enforce a prohibited lease provision if the landlord knew or reasonably should have known that the provision was prohibited and the landlord: (1) Refuses to approve a sublease as required by law or requires, as a condition of granting approval of a sublease, payment of a prohibited sublease charge, acceleration of rent or payment of a higher rental rate than stipulated in the lease agreement; (2) Refuses to provide a service because of the tenant's nonpayment of a prohibited fee or charge; (3) Serves the tenant with written demand stating the intention to terminate the rental agreement for nonpayment of prohibited fees or charges; (4) Files suit against the tenant to enforce the prohibited provision.
Urbana Ch. 12.5 § 12.5-10 identifies nine categories of lease clauses that are flatly prohibited in rental agreements, including provisions that waive tenant or landlord rights, allow only one party to recover attorney's fees, ban subletting, impose late fees above five percent of monthly rent (unless actual costs justify more), or automatically renew a lease when a tenant fails to give notice. Any such clause included in a lease is void and unenforceable as a matter of law. When a landlord knowingly tries to enforce one of these prohibited clauses—by, for example, filing suit, serving a termination notice, or withholding a service over a banned fee—the tenant may be entitled to recover up to two months' rent plus damages, costs, and reasonable attorney's fees.
Plain English — not legal advice.
Operators subject to Urbana Ch. 12.5 § 12.5-10 generally review every lease template to confirm it contains none of the nine prohibited clause types before presenting it to a prospective tenant. Compliant landlords ensure that any late-fee provision does not exceed five percent of monthly rent unless documented actual costs support a higher amount, and that attorney's-fee clauses, if included, extend identical rights to both parties. Because the statute treats knowing enforcement of a prohibited clause as a separate triggering event—covering actions like filing suit or refusing services over a banned charge—operators typically train staff to flag and remove such provisions rather than attempt to rely on them.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Urbana Ch. 12.5 § 12.5-10, tenants have the right to treat any prohibited lease clause as unenforceable, meaning a landlord cannot legally compel compliance with it. If a landlord deliberately attempts to enforce such a clause—for instance, by serving a written demand, refusing to approve a sublease, or withholding services because of a banned fee—the tenant may have a claim for up to two months' rent plus damages, costs, and attorney's fees. Tenants who believe a landlord is enforcing a prohibited provision can document the conduct, consult a local tenant-rights organization, or explore raising the violation as a defense or counterclaim in any legal proceeding the landlord initiates.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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