Contracts

In Tennessee, a lease that contains an illegal provision is:

ACompletely void and unenforceable from the beginning
BVoidable — the illegal provision may be severed while the rest of the lease remains enforceable✓ Correct
CValid only if both parties signed it knowingly
DEnforceable since private parties can agree to any lease terms

Explanation

When a lease contains an illegal clause, courts typically sever (remove) the illegal provision and enforce the remainder of the lease. For example, a waiver of habitability (illegal in Tennessee) would be struck, but the rest of the lease remains enforceable.

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