33-1312

33-1312. Unconscionability

A. If the court, as a matter of law, finds either of the following:

1. A rental agreement or any provision thereof was unconscionable when made, the
court may refuse to enforce the agreement, enforce the remainder of the agreement without
the unconscionable provision, or limit the application of any unconscionable provision to
avoid an unconscionable result.

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 may refuse to enforce the settlement, enforce the remainder of the settlement
without the unconscionable provision, or limit the application of any unconscionable
provision to avoid any 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.