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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Pajic v. Foote Properties, LLC, 72 A.3d 140 (2013)

Citation
Pajic v. Foote Properties, LLC, 72 A.3d 140 (2013)
Parent Document
Pajic v. Foote Properties, LLC, 72 A.3d 140 (2013)
Jurisdiction
DC (municipal)
Effective Date
2013-07-25

Other Sections in This Document (33)

Full Text

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By its plain language, 14 DCMR § 304.4 expressly bars landlords from placing a provision in a lease shifting to tenants the obligation to pay attorneys’ fees should the landlord deem it necessary to resort to litigation.4 Section 304.4 states that “[n]o owner shall place (or cause to be placed) in a lease or rental agreement a provision ... requiring that the tenant pay the owner’s court costs or legal fees.” 14 DCMR § 304.4 (2012). Further, should such a provision make its way into a leasing agreement, section 304.4 prohibits its enforcement: “Any provision of any lease or agreement contrary to, or providing for a waiver of, the terms of this chapter ... shall be void and unenforceable.” 14 DCMR § 304.1 (2012).