Lease Agreements: Can They Override State Law?

In the United States, leases are subject to state laws and cannot override them. For instance, in Washington state, a landlord cannot override the RLTA (Residential Landlord-Tenant Act). In Virginia, the Virginia Court of Appeals ruled that lease agreements cannot override state law requiring landlords to keep their properties in a fit and habitable condition. In New York, the warranty of habitability gives tenants the right to a livable, safe, and sanitary apartment, and any lease provision that waives this right is void.

Can a lease override state law of habitability?

State law cannot be trumped by a lease

In the United States, a lease agreement cannot override state law. While leases can be easily changed to add or subtract provisions, landlords cannot include provisions that go against local or state laws. For example, in Washington, a lease stated that the tenant was responsible for the pipes in the house. However, according to Washington state law, owners are responsible for their property. In this case, the state law superseded the lease agreement.

Similarly, in Virginia, the Court of Appeals ruled that lease agreements cannot override state law requiring landlords to keep their properties "in a fit and habitable condition". The ruling was made in a case involving a flea infestation in an Alexandria rental property. The tenant, Mikeya Vance, argued that Virginia's Residential Landlord Tenant Act requires landlords to keep properties habitable and forbids that responsibility from being transferred to tenants. The appeals court agreed, stating that "when a lease provision purports to waive [a] tenant's rights or remedies required by law, the law controls and the lease provision is unenforceable".

In New York, the Residential Tenants' Rights Guide states that tenants have the right to a "livable, safe and sanitary apartment", which is implied in every written or oral residential lease. Any lease provision that waives this right is contrary to public policy and is therefore void. For example, if an apartment becomes uninhabitable due to fire or other damage not caused by the tenant, the tenant may vacate the apartment and cancel the lease without any further liability for rent.

Additionally, it is illegal for landlords in New York to retaliate against tenants who make good-faith complaints about violations of health and safety laws, issues with habitability, or non-repair of the premises. This includes refusing to renew a lease or offering a new lease with an unreasonable rent increase within one year of the tenant's complaint.

Overall, it is important to remember that while leases can be flexible and easily changed, they cannot override state laws. Landlords must ensure that their lease agreements comply with local and state laws to avoid any legal issues.

Local laws may prohibit lease provisions

Lease agreements contain a variety of provisions, including broader use provisions, which outline the rights and responsibilities of both the landlord and the tenant. However, it's important to note that leases don't always mean what they say and may contain illegal or questionable clauses. Local laws may prohibit certain lease provisions, and state laws can override lease provisions.

For example, in Washington state, a lease cannot override the statutory protection of the Landlord-Tenant Act. In this case, if a lease states that the tenant is responsible for issues with pipes in the house, it contradicts Washington state law, which states that owners are responsible for their property. Similarly, leases in Idaho cannot give landlords the right to seize a tenant's private property or shut off utilities for failure to pay rent. Leases in Idaho that require tenants to waive their right to a jury trial in eviction cases also contradict state law.

In New York, under the state's general obligations and real property law, certain lease provisions are not allowed. These include waiving the tenant's right to a jury trial in any lawsuit due to personal injury or property damage, exempting landlords from liability for injuries caused by their negligence, and requiring tenants to pledge personal property as security for rent. Additionally, while landlords in New York can encourage family-run daycares, they may limit the number of children and must comply with state fire and health regulations.

To ensure that lease provisions are legal and valid, both landlords and tenants should understand their local laws and the rights and responsibilities outlined in the lease. Tenants should carefully review their leases and be aware of their rights, as landlords may include illegal or questionable clauses, assuming tenants are unaware of their rights. Online resources, such as Nolo and LawAtlas, provide information on landlord-tenant laws, fair housing protections, and city nuisance property ordinances, helping tenants understand their rights and identify illegal lease provisions.

Lease agreements must be tailored to local laws

Local laws may prohibit certain provisions, but not all local laws do. If you own properties in more than one state, you may be vulnerable to mistakes, as what is acceptable in one place may be illegal in another. For example, in Washington, a lease cannot override statutory protection of the Landlord Tenant Act. In New York, the warranty of habitability gives tenants the right to a livable, safe, and sanitary apartment, and any lease provision that waives this right is void. Similarly, in Virginia, the Virginia Residential Landlord Tenant Act requires landlords to keep properties habitable and forbids that responsibility from being transferred to tenants.

The lease vs. law battle can be won by following two basic rules: the lease cannot contradict the law, and the lease must be tailored to local laws. When drafting a lease agreement, it is important to avoid using lease forms from another state. Once you think you have the lease agreement you want, ask a local landlord attorney to review it before asking a tenant to sign.

Additionally, many leases contain a "severability" clause, which allows any inappropriate portions to be severed from the remaining contract, which then remains in force. However, if the lease contract is premised on an illegal provision, the landlord may find there is no way to enforce any of the provisions of the lease.

A lease cannot contradict the law

Lease agreements cannot override state laws. In the United States, tenants are protected by state laws that uphold their rights to a habitable living space. For example, in Virginia, the Virginia Residential Landlord Tenant Act requires landlords to keep their properties "in a fit and habitable condition". This means that even if a lease agreement states that the tenant is responsible for pest control and eliminating infestations, this provision cannot override state law. The law makes it clear that it is the landlord's duty to keep the premises habitable.

Similarly, in Washington, a lease cannot override the statutory protection of the Landlord Tenant Act. For instance, if a lease states that a tenant is responsible for issues relating to pipes in the house, this cannot override Washington state law, which deems the property owner responsible for their property.

In New York, the law also upholds the warranty of habitability, giving tenants the right to a livable, safe, and sanitary apartment. This right is implied in every written or oral residential lease, and any lease provision that waives this right is void. For example, if an apartment becomes uninhabitable due to fire or other damage not caused by the tenant, the tenant may vacate the apartment and cancel the lease without liability for subsequent rental payments.

It is important to note that local laws may vary, and what is acceptable in one state may be illegal in another. Therefore, it is crucial to consult a lawyer or legal professional familiar with the specific state and local laws before entering into a lease agreement.

While leases can be easily changed to add or remove provisions, they cannot contradict the law. If a lease includes provisions that are contrary to the law, local laws may prohibit these provisions, and courts may refuse to enforce them.

State laws vary, so lease agreements may need to also

State laws vary, and lease agreements may need to be tailored to local laws. For instance, in Washington, a lease agreement cannot override state law, as in a case where a landlord tried to hold a tenant responsible for busted pipes—which, according to state law, are the responsibility of the landlord.

In Virginia, the Court of Appeals ruled that lease agreements cannot override state law requiring landlords to keep their properties "in a fit and habitable condition". The Virginia Residential Landlord Tenant Act requires tenants to "take an active role" in keeping the property free from pests and to notify the landlord of any infestations. However, the law ultimately deems the landlord responsible for keeping the premises habitable and forbids that responsibility from being transferred to tenants.

In New York, the Residential Tenants' Rights Guide outlines several rights afforded to tenants, including the right to a livable, safe, and sanitary apartment, which is implied in every written or oral residential lease. Any lease provision that waives this right is contrary to public policy and is therefore void. For example, if an apartment becomes uninhabitable due to fire or other damage not caused by the tenant, the tenant may vacate the apartment and cancel the lease without liability for subsequent rental payments.

It is important to note that local laws may prohibit certain provisions in lease agreements, but not all local laws do so. For example, a landlord may add a provision that shifts the burden of responsibility to the tenant to keep the premises safe and habitable, but this may be illegal in some states. Therefore, it is crucial to consult the specific state and local laws when drafting or reviewing a lease agreement.

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