Legislation
SECTION 235-C
Unconscionable lease or clause
Real Property (RPP) CHAPTER 50, ARTICLE 7
§ 235-c. Unconscionable lease or clause. 1. If the court as a matter
of law finds a lease or any clause of the lease to have been
unconscionable at the time it was made the court may refuse to enforce
the lease, or it may enforce the remainder of the lease without the
unconscionable clause, or it may so limit the application of any
unconscionable clause as to avoid any unconscionable result.
2. When it is claimed or appears to the court that a lease or any
clause thereof may be unconscionable the parties shall be afforded a
reasonable opportunity to present evidence as to its setting, purpose
and effect to aid the court in making the determination.
of law finds a lease or any clause of the lease to have been
unconscionable at the time it was made the court may refuse to enforce
the lease, or it may enforce the remainder of the lease without the
unconscionable clause, or it may so limit the application of any
unconscionable clause as to avoid any unconscionable result.
2. When it is claimed or appears to the court that a lease or any
clause thereof may be unconscionable the parties shall be afforded a
reasonable opportunity to present evidence as to its setting, purpose
and effect to aid the court in making the determination.