70-24-404. Unconscionability -- court discretion to refuse enforcement. (1) Except as provided in subsection (2), if the court, as a matter of law, finds that:
(a) a rental agreement or any provision of the rental agreement is unconscionable, the court may refuse to enforce the agreement or enforce the remainder of the agreement without the unconscionable provision to avoid an unconscionable result; or
(b) a settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement is unconscionable, 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 an unconscionable result.
(2) A finding pursuant to subsection (1) may not be made based on a responsibility outlined in a rental agreement that:
(a) a tenant maintain a dwelling unit in accordance with 70-24-321; or
(b) a landlord maintain the premises in accordance with 70-24-303.
(3) If unconscionability is put into issue by a party or by the court upon 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.
History: En. 42-411 by Sec. 11, Ch. 313, L. 1977; R.C.M. 1947, 42-411; amd. Sec. 1, Ch. 236, L. 2021.