Except as otherwise specifically provided by this chapter, no rental agreement may provide that the landlord or tenant:
(A) Agrees to waive or forego rights, remedies or obligations provided under this chapter;
(B) Authorizes any person to confess judgment on a claim arising out of the rental agreement;
(C) Agrees to the limitation of any liability of the landlord or tenant arising under law;
(D) Agrees to waive any written termination of tenancy notice or manner of service thereof provided under state law or this chapter;
(E) Agrees to waive the right of any party to a trial by jury;
(F) Agrees that in the event of a lawsuit arising out of the tenancy the tenant will pay the landlord's attorney's fees except as provided for by court rules, statute or ordinance;
(G) Agrees that either party may cancel or terminate a rental agreement at a different time or within a shorter time period than the other party, unless such provision is disclosed in a separate written notice; or
(H) (1) A provision prohibited by this section included in a rental agreement is unenforceable.
(2) The tenant may recover actual damages sustained by the tenant because of the enforcement of a prohibited provision.
(3) If the landlord attempts to enforce a provision in a rental agreement prohibited by the section, the tenant may recover two months rent.
(Ord. 07-939, passed 6-14-2007)