Legal Definitions - hell-or-high-water rule

The hell-or-high-water rule is a principle that applies to personal-property leases. It states that the lessee (the person renting the property) must pay the full rent due, regardless of any claim against the lessor (the person who owns the property), unless the lessee can prove that there was unequal bargaining power or unconscionability.

For example, let's say that John rents a car from a rental company for a week. Halfway through the week, the car breaks down and John is unable to use it for the rest of the rental period. Even though John has a legitimate claim against the rental company for providing a faulty car, he is still required to pay the full rental fee under the hell-or-high-water rule.

Another example could be a situation where a tenant rents an apartment from a landlord. If the landlord fails to make necessary repairs to the apartment, the tenant may have a claim against the landlord for breach of contract. However, the tenant is still required to pay the full rent due under the hell-or-high-water rule.

These examples illustrate how the hell-or-high-water rule can be harsh on lessees, as they are required to pay the full rent even if they have a legitimate claim against the lessor. However, the rule is in place to ensure that lessors are able to collect the full amount of rent owed to them, unless there are extenuating circumstances that would make it unfair to enforce the rule.