PART III. 
LIMITATIONS ON RENTAL



AGREEMENTS
AND PRACTICES



 



[§521-31]  Waiver; agreement to forego
rights; settlement of claims.  (a)  Except as otherwise provided in this
chapter, a tenant or landlord may not waive or agree to forego rights or
remedies under this chapter.



(b)  A claim by a tenant against a landlord for
violation of this chapter or a claim by a landlord against a tenant for default
or breach of duty imposed by this chapter, if disputed in good faith, may be
settled by agreement.



(c)  A claim, whether or not disputed, against
a tenant or landlord may be settled for less value than the amount claimed.



(d)  A settlement in which the tenant or
landlord waives or agrees to forego rights or benefits under this chapter is
invalid if the court, as a matter of law, finds the settlement to have been
unconscionable at the time it was made.  The competence of the tenant or
landlord, any deception or coercion practiced against the tenant or landlord,
the nature and extent of the legal advice received by the tenant or landlord,
and the nature and value of the consideration are relevant to the issue of
unconscionability. [L 1972, c 132, pt of §1; gen ch 1985]