§ 70-33-403 — Unconscionability -- Court Discretion

70-33-403 . Unconscionability -- court discretion. (1) Except as provided in subsection (2), if the court, as a matter of law, finds that:
(a) a rental agreement or any provision of the rental agreement is unconscionable, the court, in order to avoid an unconscionable result, may refuse to enforce the agreement or may enforce the remainder of the agreement without the unconscionable provision result; or
(b) a settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement is unconscionable, the court, in order to avoid an unconscionable result, may refuse to enforce the settlement, may enforce the remainder of the settlement without the unconscionable provision, or may limit the application of any unconscionable provision.
(2) A finding pursuant to subsection (1) may not be made based on a responsibility outlined in a rental agreement that:
(a) a tenant maintain a lot in accordance with 70-33-321 ; or
(b) a landlord maintain the premises in accordance with 70-33-303 .
(3) If unconscionability is put into issue by a party or by the court upon its own motion, the parties must 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 its determination.

Legislative History

En. Sec. 31, Ch. 267, L. 2007; amd. Sec. 4, Ch. 236, L. 2021.