§ 70-25-201

9
tenant      of     any nature             whatsoever."                 The District            Court      relied       on
§ 70-24-202(l),             MCA, in concluding                      this    provision         of the landlord's
lease      agreement         was illegal.                     Section        70-24-202(l),              MCA, states
that     a rental       agreement             may not provide               that     a party     agree to waive
or forego         rights     provided           under the Residential                    Landlord        and Tenant
Act.       The District           Court         found        that      the contested           provision         in the
rental        agreement             was         in         conflict         with        the      provisions            of
5 70-24-442(l),              MCA, which              provides          as follows:
         In 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.
          The tenants'            first         amended complaint                   alleged      that      the     lease
agreement         contained            a provision            prohibited           by § 70-24-202(l),               MCA.
The action          constituted               "an action            on a rental         agreement"          and that
provision         grants     tenants            the right           to pursue attorney             fees--a         right
which      the contested            provision              in the rental            agreement          attempted       to
waive.        Although           the      tenants          requested         and were awarded               attorney
fees under         the provisions               of the Residential                  Security       Deposits         Act,
they       also     alleged            that      the        contested         provision           in     the       lease
agreement         was an attempt                 to waive             the   right       to request          attorney
fees      under     § 70-24-442(l),                  MCA.
          The District           Court        went on to assess additional                         damages under
the      provisions         of    § 70-24-403(2),                     MCA (1991),        in the         Residential
Landlord          and      Tenant         Act        for     this       illegal       provision.               Section
70-24-403,          MCA (19911,               provides: