(I) A clause that assigns a penalty to a party stemming from an eviction
notice or an eviction action that results from a violation of the rental agreement;
(II) A one-way, fee-shifting clause that awards attorney fees and court costs
only to one party. Any fee-shifting clause contained in a rental agreement must
award attorney fees to the prevailing party in a court dispute concerning the rental
agreement, residential premises, or dwelling unit following a determination by the
court that the party prevailed and that the fee is reasonable.
(III) A waiver of:
(A) The right to a jury trial; except that the parties may agree to a waiver of a
jury trial in a hearing to determine possession of a dwelling unit;
(B) The ability to pursue, bring, join, litigate, or support any kind of joint,
class, or collective claim or action arising from or relating to the term of the
tenancy;
(C) The implied covenant of good faith and fair dealing;
(D) The implied covenant of quiet enjoyment; except that a written rental
agreement may provide that the landlord is not responsible for any violation of the
implied covenant of quiet enjoyment that is committed by a third party acting
beyond the reasonable control of the landlord; or
(E) Mandatory mediation required pursuant to section 13-40-110 (1);
(IV) A provision that purports to affix any fee, damages, or penalty for a
tenant's failure to provide notice of nonrenewal of a rental agreement prior to the
end of the rental agreement, except for actual losses incurred by the landlord as a
result of the tenant's failure to provide any such notice required pursuant to the
rental agreement;