The Real Estate Encyclopedia & Blog

Exculpatory Clause

by | Feb 4, 2026

In real estate leasing, an Exculpatory Clause is a provision in a lease that limits or relieves the property owner or landlord from liability for certain acts or omissions. These clauses are often used to protect the owner from claims related to injuries or damages that occur on the property under specified circumstances.

The enforceability of an exculpatory clause depends on state law and public policy considerations. Courts may refuse to enforce such clauses if they are overly broad, unclear, or attempt to relieve an owner from liability for gross negligence or intentional misconduct.