What is a waiver of the right to a jury trial in a lease?
This clause means that if you and your landlord end up in a legal dispute, the case is decided by a judge alone rather than a jury of your peers. Landlords include it because bench trials are often faster and can be more predictable for them.
Is it normal?
Common in commercial leases and increasingly seen in residential ones. It's legal in many states but unenforceable in some, and it removes a protection that can favor tenants.
What to watch for
- You lose a constitutional-style protection that often benefits tenants.
- It may be paired with a clause forcing arbitration instead of court.
- It can apply to counterclaims you might bring against the landlord.
How to negotiate it
- Ask to strike the clause entirely, many landlords will agree.
- If they won't remove it, ask to limit it to specific types of disputes.
Example
"The parties knowingly and voluntarily waive any right to a trial by jury in any action arising out of this Lease."
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Explain my leaseFrequently asked questions
Is a jury trial waiver enforceable?
It varies by state. Some courts enforce them if the waiver is clear and knowing; others (like California for pre-dispute waivers) do not enforce them at all.