Cal. Civ. Code § 66-28-203
Prohibited provisions.
Operative Text
(a) No rental agreement may provide that the tenant: (1) Authorizes any person to confess judgment on a claim arising out of the rental agreement; (2) Agrees to the exculpation or limitation of any liability of the landlord to the tenant arising under law or to indemnify the landlord for that liability or the costs connected with such liability. (b) A provision prohibited by subsection (a) included in an agreement is unenforceable. Should a landlord willfully provide a rental agreement containing provisions known by the landlord to be prohibited by this chapter, the tenant may recover actual damages sustained. The tenant cannot agree to waive or forego rights or remedies under this chapter.
Tennessee Code § 66-28-203 identifies certain clauses that are flatly prohibited from appearing in residential rental agreements. Specifically, a lease cannot require a tenant to authorize someone else to confess judgment on their behalf, nor can it strip away or limit the landlord's legal liability to the tenant or require the tenant to indemnify the landlord for that liability. Any such clause that does appear in a lease is void and unenforceable, and a landlord who knowingly includes prohibited language may owe the tenant actual damages.
Plain English — not legal advice.
Operators subject to Tennessee's Uniform Residential Landlord and Tenant Act should review all lease templates to ensure they do not contain confession-of-judgment clauses or provisions that waive, limit, or shift the landlord's statutory liability to tenants, as § 66-28-203 renders such clauses unenforceable. Willfully including language known to violate this section exposes a landlord to a claim for actual damages by the tenant. Compliant operators typically have their lease forms reviewed periodically to confirm that no prohibited provisions have been introduced through boilerplate or template updates.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 66-28-203, Tennessee tenants cannot be contractually bound by lease clauses that waive a landlord's liability or require the tenant to indemnify the landlord, and any such clause is void regardless of whether the tenant signed the agreement. Tenants who believe a landlord willfully included prohibited provisions may have a claim for actual damages, and this chapter's rights and remedies cannot be signed away. Tenants in this situation may wish to consult a tenant-rights organization or legal aid office to understand what enforcement paths are available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 29, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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