§ 70-25-201

Citation: § 70-25-201
Parent Document: Solem v. Chilcote, 906 P.2d 209 (1995)
Jurisdiction: Montana (state)
Effective Date: 1995-11-21
Original Source: https://www.courtlistener.com/opinion/883453/solem-v-chilcote/ ↗

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(1991), in the Residential Landlord and Tenant Act to award
additional damages. This argument ignores the allegations in the
first amended complaint that the contested provision was prohibited
by § 70-24-202(l), MCA. The District Court did not err in finding
that the contested provision in the rental agreement was prohibited
by § 70-24-202(l), MCA, or in awarding additional damages under
5 70-24-403(2), MCA (1991). We therefore affirm the District Court
on this issue.
Issue 3
Did the District Court err in awarding attorney fees to the
tenants?
The landlord questions why he must pay attorney fees when he
prevailed on the major part of his reason for this appeal--the
unexecuted oral agreement to prorate rent from April 1, 1991, was
held invalid. The landlord references cases where we have upheld
the reductions of attorney fees when the amount in controversy is
simply not worth such a fee. See Carkeek v. Ayer (1980), 188 Mont.
345, 348, 613 P.2d 1013, 1016. He argues it is unjustified for the
District Court to award attorney fees of $5253.68 for a $70.50
judgment.
Attorney fees are available under 5 70-25-204, MCA. That
section provides that any person who wrongfully withholds a
residential property security deposit, or any portion thereof,
shall be liable in damages to the tenant in a civil action, and
attorney fees may be awarded to the prevailing party at the
discretion of the district court. Section 70-25-204, MCA.
In E.C.A. Environmental Management Services, Inc. v. Toenyes

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