Question 1

What is an exoneration clause in a Florida lease?

Accepted Answer

Exoneration clause: a lease provision that attempts to relieve the landlord from liability for injuries or damages to the tenant or the tenant’s property. Example: "Landlord shall not be liable for any damage or injury to Tenant or Tenant’s property arising from any cause whatsoever." FL: exoneration clauses in residential leases are generally unenforceable under Chapter 83, Part II (FL Residential Landlord and Tenant Act: Section 83.47 prohibits lease provisions that waive the landlord’s statutory obligations). Commercial leases: exoneration clauses have more enforceability, but are still subject to the same requirements as exculpatory clauses (clear, unambiguous, conspicuous, and voluntary).

Question 2

Why are exoneration clauses disfavored in Florida residential leases?

Accepted Answer

Disfavored because: unequal bargaining power (tenants have: less negotiating power than landlords; the tenant may feel compelled to sign a lease with an exoneration clause because: housing options are limited), statutory protections (FL Chapter 83 establishes: minimum standards for habitability, maintenance, and safety that cannot be waived by agreement), public policy (the law encourages: landlords to maintain safe premises; exoneration clauses would: remove this incentive), and tenant protection (FL courts protect tenants from: provisions that would leave them without a remedy for the landlord’s negligence). Section 83.47: specifically prohibits provisions that waive rights or remedies under Chapter 83.

Question 3

Are exoneration clauses enforceable in Florida commercial leases?

Accepted Answer

Commercial enforceability: more likely enforceable (commercial tenants are: presumed to have equal bargaining power and the ability to negotiate terms). Requirements: clear and unambiguous (the clause must specifically state that the landlord is released from liability for negligence), conspicuous (prominently placed in the lease), voluntary (the tenant signed freely and with knowledge), and not unconscionable (the clause must not be: so one-sided that it shocks the conscience). Even in commercial leases: FL courts will not enforce exoneration clauses for: intentional acts, gross negligence, or statutory violations. Best practice: commercial tenants should negotiate the scope of exoneration clauses and maintain adequate insurance.

Exoneration Clause Lease Provision

FL Exoneration Clause in Leases

Residential

Commercial

Limits

Related Terms

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