66-28-203 - Prohibited provisions.

66-28-203. Prohibited provisions.

(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.

[Acts 1975, ch. 245, § 1.403; T.C.A., § 64-2813.]