What is the term for a lease clause that attempts to relieve a landlord from liability for negligence?

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The correct term for a lease clause that attempts to relieve a landlord from liability for negligence is an exculpatory clause. This type of clause specifically seeks to limit the landlord's responsibility for any injuries or damages that may occur on the property due to their own negligence or the negligence of their employees.

Exculpatory clauses can be contentious, as they often face scrutiny in courts, especially regarding their enforceability. Courts tend to evaluate whether the clause was conspicuous, if the tenant had a fair opportunity to negotiate the terms, and if it’s consistent with public policy. This clause essentially shifts risk from the landlord to the tenant, allowing the landlord to escape liability under specific conditions.

In contrast, indemnity clauses refer to agreements where one party agrees to indemnify the other for losses, which is not specifically focused on negligence. Access clauses relate to provisions that grant entry to property, while default clauses pertain to conditions under which a tenant might be considered to have failed to meet their lease obligations. These terms serve distinct purposes that do not involve the direct limitation of liability for negligence as exculpatory clauses do.

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