Lease Indemnification Clause Tips

Summary

Indemnification clauses in Ohio leases are common and generally enforceable if clear and not overly burdensome. They may be deemed unfair if they excessively shift liability to the tenant. To negotiate a more balanced clause, consider clarifying the scope to cover only claims arising from the tenants use, limiting liability with a cap, and including exceptions for the landlords negligence. These modifications can make the clause fairer while still acceptable to the landlord.

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Imagine you are moving across the country to Cincinnati Ohio, and you just found an amazing place to live. The lease agreement the landlord wants you to sign seems fair, but you notice there is an indemnification clause that reads (incompletely): "Tenant hereby agrees to indemnify, defend, and hold Landlord harmless from any and all claims or assertions of every kind and nature."
Hi ****! Indemnification clauses can be a bit tricky. They generally mean that you, the tenant, would be responsible for covering any costs or claims against the landlord related to the property.
Would you like to know more about how this might impact you as a tenant, or are you looking for specific advice on negotiating this clause?
I am wondering if you think that clause is standard, fair, and enforceable under Ohio tenant law
Hi ****! Indemnification clauses are quite common in leases. In Ohio:
- They are generally enforceable if they are clear and unambiguous.
- They are considered fair if they don't overly burden the tenant.
- Courts may not enforce them if they find the clause to be unconscionable or against public policy.
Would you like specific tips on negotiating this clause with your landlord?
Do you think the specific clause I gave you (Tenant hereby agrees to indemnify, defend, and hold Landlord harmless from any and all claims or assertions of every kind and nature.) is standard, fair, and enforceable under Ohio tenant law?
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That specific clause is quite common in lease agreements and generally enforceable in Ohio if it's clear and not overly burdensome to the tenant. However, it might be considered unfair if it excessively shifts liability to you. Would you like tips on negotiating this clause to ensure it's more balanced and fair?
Yes
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Here are some tips for negotiating the indemnification clause to make it more balanced:
- Clarify Scope: Specify the types of claims you are responsible for.
- Limit Liability: Include a cap on the amount you may have to pay.
- Include Exceptions: Exclude landlord's negligence or wrongful acts.
Would you like more specific advice on how to phrase these negotiations?
How would you alter the clause to make it more fair, but also so that the landlord might still be willing to make the modification
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To make the indemnification clause more balanced and fair while still being palatable to the landlord, consider suggesting the following modifications:
- Clarify Scope: "Tenant agrees to indemnify, defend, and hold Landlord harmless from any and all claims or assertions arising directly from Tenant's use and occupancy of the property."
- Limit Liability: "Tenant's indemnification obligation shall not exceed $*,*."
- Include Exceptions: "This indemnification does not apply to claims arising from Landlord's negligence or wrongful acts."
Would you like to discuss any specific wording or other concerns?