Cap. 604 Art. 7Forbidden clauses. 

(1) Any of the following clauses which are inserted in a private residential lease contract, shall be deemed to be without effect:

(a) clauses which provide for the automatic termination of the contract other than the non-fulfilment of the lessee’s obligations under articles 1554, 1555, 1555A and 1614

of the Civil Code or the non-observance of any one (1) of the conditions of the lease for which termination had been expressly foreseen:

Provided that where the lessee fails to pay punctually the rent due, the lessor shall always call upon the lessee in accordance with article 1570 of the Civil Code;

(b) clauses which authorise the lessor to reduce, without equivalent consideration, any benefits stipulated in the contract;

(c) clauses that exempt the lessor from any of the responsibilities to which he is bound by law, including those foreseen in articles 1545 and 1546 of the Civil Code, without equivalent consideration;

(d) clauses which impose the payment of additional considerations, other than the rent, the deposit, the insurance on the contents of the tenement and any contributions foreseen in accordance with article 11(4) of the Condominium Act:

Provided that any expenses relating to the ordinary maintenance of the common parts of a condominium shall be limited to those duties which, in accordance with the Civil Code, are at the charge of the lessee:

Provided further that in any case of substitution or addition of a lessee in accordance with articles 9B and 9C, no administrative penalty may be imposed on the lessees of the original lease and the substituted or added lessee:

Provided further that the lessee may request the restitution of any amounts unduly paid;

(e) clauses which impose on the lessee any additional consideration for the use of the movables, beyond the payment of rent for the use of the dwelling:

Provided that the lessee may request the restitution of any amounts unduly paid;

(f) clauses which stipulate the payment of a fixed amount, separate from the rent, for the consumption of water, electricity or other utility service if such amount does not reflect the actual consumption of such utility services by the lessee calculated at the rate reflecting the primary residential use of the tenement and the total number of occupants residing therein;

(g) clauses which limit the use which one is expected to make of a residence, subject to the observance of the provisions relating to the maintenance and improvement contained in the Civil Code and the rules of good neighbourliness.

(2) The registration of the private residential lease contract by the Authority shall not imply the validation of any unlawful terms contained therein.