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Session Laws, 1974
Volume 713, Page 1539   View pdf image
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MARVIN MANDEL, Governor                            1539

[[(4)]] (3) A PROVISION PROVIDING FOR A PENALTY FOR
THE LATE PAYMENT OF PENT IN EXCESS OF 5% OF THE AMOUNT OF
RENT DUE FOR THE RENTAL PERIOD FOR WHICH THE PAYMENT WAS
DELINQUENT. IN THE CASE OF LEASES UNDER WHICH THE RENT
IS PAID IN WEEKLY RENTAL INSTALLMENTS A PENALTY OF $5 MAY

BE CHARGED FOR THE LATE PAYMENT OF RENT. HOWEVER, SUCH

LATE PENALTIES SHALL CONSTITUTE, IN THE AGGREGATE, NO
MORE THAN $10 PER MONTH.

[[(5)]] (4) ANY PROVISION WHEREBY THE TENANT WAIVES
HIS RIGHT TO A JURY TRIAL.

[[(6)]] (5) ANY PROVISION WHEREBY THE TENANT AGREES
TO A PERIOD REQUIRED FOR LANDLORD'S NOTICE TO QUIT LESS
THAN THAT PROVIDED BY APPLICABLE LAW; PROVIDED, HOWEVER,
THAT NEITHER PARTY IS PROHIBITED HEREBY FROM AGREEING TO
A LONGER NOTICE PERIOD THAN THAT REQUIRED BY APPLICABLE
LAW.

[[(7)]] (6) ANY PROVISION AUTHORIZING THE LANDLORD

TO TAKE POSSESSION OF THE LEASED PREMISES, OR THE
TENANT'S PERSONAL PROPERTY THEREIN[[,]] ( UNLESS THE
LEASE HAS BEEN TERMINATED BY ACTION OF THE PARTIES OR BY
OPERATION OF LAW, AND SUCH PERSONAL PROPERTY HAS BEEN
ABANDONED BY THE TENANT[[,]] ) WITHOUT THE BENEFIT OF
FORMAL LEGAL PROCESS.

[[(8) IN ANY LEASE WHERE THE RENT RESERVED FOR THE
BENEFIT OF THE LANDLORD IS IN AN AMOUNT AND FOR A PERIOD
GREATER THAN THE PRO RATA RENTAL INSTALLMENTS PAYABLE BY
THE TENANT, A PROVISION PROVIDING THAT, UPON TENANT'S
DEFAULT UNDER THE TERMS OF THE LEASE (INCLUDING, BUT NOT
LIMITED TO, FAILURE TO PAY SUCH PRO RATA RENTAL
INSTALLMENT WHEN DUE), THE ENTIRE BALANCE OF THE RENT
RESERVED FOR THE BENEFIT OF THE LANDLORD THEREUNDER SHALL
BECOME IMMEDIATELY DUE AND PAYABLE.]]

(B) GENERAL PROVISIONS.

(1)    IF ANY LEASE SHALL CONTAIN A PROVISION CALLING
FOR AN AUTOMATIC RENEWAL OF THE LEASE TERM UNLESS PRIOR
NOTICE IS GIVEN BY THE PARTY OR PARTIES SEEKING TO
TERMINATE THE LEASE, ANY SUCH PROVISION SHALL BE
DISTINCTLY SET APART FROM ANY OTHER PROVISION OF THE
LEASE AND PROVIDE A SPACE FOR THE WRITTEN ACKNOWLEDGEMENT
OF TENANT'S AGREEMENT TO THE AUTOMATIC RENEWAL PROVISION,
EXCEPT LEASES CONTAINING AN AUTOMATIC RENEWAL PERIOD OF
ONE (1) MONTH OR LESS. ANY SUCH PROVISION NOT
SPECIFICALLY ACCOMPANIED BY EITHER THE TENANT'S INITIALS,
SIGNATURE, OR WITNESSED MARK, SHALL BE UNENFORCEABLE BY
THE LANDLORD.

(2)    NO PROVISION OF THIS SECTION SHALL BE DEEMED
TO BE A BAR TO THE APPLICABILITY OF SUPPLEMENTARY RIGHTS

 

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Session Laws, 1974
Volume 713, Page 1539   View pdf image
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