33-1411

33-1411. Unconscionability

A. If the hearing officer or court, as a matter of law, finds:

1. That a rental agreement or any provision thereof was unconscionable when made,
the hearing officer or 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. That 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 hearing officer or 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 hearing officer or
court upon his or 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 hearing officer or court in making the determination.