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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¶31 The Landlord and Tenant Act permits a rental agreement to include “terms and conditions not prohibited by this chapter.” Section 70-24-201(1), MCA. The Act provides: “[i]n an action on a rental agreement or arising under this chapter, reasonable attorney fees, together with costs and necessary disbursements, may be awarded to the prevailing party notwithstanding an agreement to the contrary.” Section 70-24-442(1), MCA. But the Act specifically prohibits a rental agreement from providing that a party agrees “to waive or forego rights or remedies under this chapter” or “to indemnify the other party for that liability or the costs or attorney’s fees connected therewith.” Section 70-24-202, MCA. Summers argues that the language in the lease agreement that purports to make the tenants liable to pay the landlord’s attorney fees is contrary to the Act.

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