Contracts
A Pennsylvania landlord who includes an 'exculpatory clause' in a residential lease — exempting themselves from liability for their own negligence — should know that Pennsylvania courts:
AAlways enforce exculpatory clauses in rental agreements
BOften refuse to enforce such clauses in residential leases as against public policy✓ Correct
COnly allow exculpatory clauses in commercial leases
DRequire PREC approval for exculpatory clauses
Explanation
Pennsylvania courts have generally found exculpatory clauses in residential leases that attempt to exempt landlords from liability for their own negligence to be against public policy and unenforceable. Courts protect residential tenants as a weaker party from having their basic legal rights waived by contract.
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