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Given that the rental agreement between a landlord and a tenant is in the form of a contract, would it be possible for the contract to include a clause allowing the landlord to (e.g.) cut off the power to the rental property as well as move out all of the tenant's possessions, in the event that rent is outstanding for over (e.g.) 14 days?

  • Also, would this sort of clause be considered unconscionable?
  • What if a 3rd party (acceptable to both tenant and landlord) decides the non-payment is done in bad faith, and not as a result of genuine hardship?
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    Rent law is one of the most highly regulated areas - can you provide a jurisdiction (country, state) for answerers?
    – jimsug
    Nov 6, 2015 at 8:20

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You can contract to do anything that is not illegal. In many jurisdictions unconscionability is a thing that statute or case law makes illegal. These clauses may be unconscionable, however ...

In most jurisdictions real estate rental agreements are highly regulated; particularly as regards eviction. So, even if these don't cross the line into unconscionable (and for what it's worth, they're nudging it at least) they are probably prohibited anyway.

There probably is an independent third party that decides on evictions anyway in the form of a court or rental tribunal.

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