33-2104. Unconscionability
A. If a court, as a matter of law, finds that:
1. A rental agreement or any provision of a rental agreement was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision or limit the application of any unconscionable provision to avoid an unconscionable result.
2. A settlement in which a party waives or agrees to forgo a claim or right under this chapter or under a rental agreement was unconscionable at the time it was made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision or limit the application of any unconscionable provision to avoid any unconscionable result.
B. If unconscionability is put into issue by a party or by the court on its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or settlement to aid the court in making the determination.
Section: Previous 33-1907 33-2001 33-2002 33-2003 33-2101 33-2102 33-2103 33-2104 33-2105 33-2106 33-2107 33-2121 33-2122 33-2123 33-2131 NextLast modified: October 13, 2016