33-2104

33-2104. Unconscionability

A. If a court, as a matter of law, finds that:

1. A rental agreement or any provision of a rental agreement 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 forgo 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 on 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.