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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/ ↗

Other Sections in This Document (530)

Full Text

468 chars 
¶34 Having determined that both the accelerated rent and attorney fees provisions of the lease violate the Landlord and Tenant Act, we address the effect of a landlord’s use of such provisions. Section 70-24-403(1), MCA (2005), provides that “[a] provision prohibited by 70-24-202 included in a rental agreement is unenforceable.” Since the Landlord and Tenant Act prohibits the contractual attorney fee provision in Crestview’s lease, that provision is unenforceable.