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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/ ↗

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¶36 The issue here is whether simply severing these provisions from the lease agreement is sufficient to protect tenants’ statutory rights. The Wisconsin Supreme Court has reasoned that merely severing prohibited provisions from a lease agreement would not eliminate “the intimidation of tenants that the inclusion of such unenforceable clauses poses.” Baierl v. McTaggart, 629 N.W.2d 277, ¶ 34 (Wis. 2001). The Wisconsin Court persuasively noted that such provisions would continue to appear in leases if the only legal repercussion was to sever such prohibited clauses: