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1. Parties: Identifies the landlord and tenant entering into the arbitration agreement
2. Background: Establishes the context of the rental relationship and purpose of the arbitration clause
3. Definitions: Defines key terms used in the arbitration clause including 'dispute', 'arbitration', and 'award'
4. Agreement to Arbitrate: Clearly states parties' mutual agreement to resolve disputes through arbitration
5. Scope of Arbitration: Defines what disputes are covered by the arbitration agreement
6. Arbitration Process: Outlines how arbitration will be conducted and arbitrator selection
7. Cost Allocation: Specifies how arbitration costs will be shared between parties
8. Governing Law: Specifies that US federal and state arbitration laws govern the agreement
1. Class Action Waiver: Optional provision waiving right to participate in class actions, used in jurisdictions where permitted
2. Opt-Out Provision: Optional clause allowing tenants to opt out of arbitration within specified timeframe, enhances enforceability
3. Small Claims Exception: Optional provision preserving right to pursue claims in small claims court
4. Severability: Optional clause stating that if any part of the arbitration agreement is found unenforceable, remaining provisions survive
1. Schedule A - Arbitration Rules: Detailed rules of the chosen arbitration organization (e.g., AAA, JAMS)
2. Schedule B - Fee Schedule: Breakdown of potential arbitration costs and fee structures
3. Schedule C - Arbitrator Selection Process: Detailed procedure for selecting arbitrators
4. Schedule D - Notice Forms: Standard forms for initiating arbitration and providing required notices
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