Cal. Civ. Code § 66-28-204
Unconscionability.
Operative Text
(a) If the court, as a matter of law, finds: (1) A rental agreement or any provision thereof was unconscionable when made, the court shall enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result; or (2) A settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable at the time it was made, the court shall enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid the unconscionable result. (b) If unconscionability is put into issue by a party or by the court upon its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination. (c) A provision in a rental agreement that authorizes a landlord to hold a tenant in breach of the rental agreement in accordance with § 66-28-505(f) is not unconscionable and is fully enforceable.
Under Tenn. Code Ann. § 66-28-204, Tennessee courts have the authority to review rental agreements and settlements for unconscionability — a legal standard for terms that are fundamentally unfair or oppressive at the time they were made. When a court finds an unconscionable provision, it may strike that specific term while keeping the rest of the agreement intact, or it may narrow the provision's application to prevent an unjust outcome. Notably, the law carves out an explicit exception: a lease clause allowing a landlord to hold a tenant in breach under § 66-28-505(f) is declared not unconscionable and is fully enforceable.
Plain English — not legal advice.
Property owners and managers operating under Tennessee leases should be aware that § 66-28-204 gives courts the power to void or limit individual lease provisions found to be unconscionable, without necessarily invalidating the entire agreement. Compliant operators generally ensure that lease terms are balanced, clearly written, and not structured to exploit tenants' lack of bargaining power, since courts may scrutinize the setting and purpose of any challenged clause. Landlords can take note that lease provisions authorizing a finding of breach under § 66-28-505(f) are expressly protected from unconscionability challenges under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Tennessee have the right under § 66-28-204 to raise unconscionability as a legal challenge against a rental agreement provision or a settlement they believe was fundamentally unfair when it was made. If the issue is raised — either by a party or by the court on its own — both sides are given a reasonable opportunity to present evidence about the circumstances, intent, and effect of the disputed term. Tenants who believe a lease clause or settlement agreement may meet this standard can explore their options by contacting a tenant-rights organization or consulting a licensed attorney familiar with Tennessee landlord-tenant law.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.