Summers v. Crestview Apartments, 2010 MT 164 (2010)

Citation: Summers v. Crestview Apartments, 2010 MT 164 (2010)
Parent Document: Summers v. Crestview Apartments, 2010 MT 164 (2010)
Jurisdiction: Montana (state)
Effective Date: 2010-07-27
Original Source: https://www.courtlistener.com/opinion/889353/summers-v-crestview-apartments/ ↗

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*133¶33 The lease agreement violates § 70-24-202(1), MCA, by requiring tenants to waive or forego their rights or remedies to a discretionary award of attorney fees to the prevailing party under the Landlord and Tenant Act. This Court has held that a provision in a lease agreement which stated “[acceptance of a refund of all or a portion of the deposit by tenant shall constitute a full and final release of landlord from any claims of tenant of any nature whatsoever,” was illegal under § 70-24-202(1), MCA, because the provision attempted to waive tenants’ right to request attorney fees under § 70-24-442(1), MCA. Solem, 274 Mont. at 79-80, 906 P.2d at 213-14. Similarly, we conclude that the Landlord and Tenant Act prohibits the attorney fee terms used in Crestview’s lease agreement.

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