Can a lease override state law?

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Can a lease override state law?

I signed a lease in a state that requires replacement cost for any damages. I always have heard that people are only entitled to the depreciated value at the time of loss. If the latter is true, does signing a lease to the contrary override what is law?

Asked on November 22, 2012 under Real Estate Law, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If state law requires x, what x states will change what you can and cannot do in an agreement or in general by your actions. In the most extreme for example, you cannot contract to allow murder; it is contrary to law. Generally speaking if a contract term is contrary to law and harms the person who did not write the contract, it won't be enforced and may be voidable. As to your lease agreement, Colorado tenant law is like any other. Replacement cost is usually for significant wear and tear and something that doesn't work with just minor repair.


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