(4) If a rental agreement contains a provision that allows a prevailing party in
an action related to the rental agreement to obtain attorney fees and costs, and if
the court determines that there is a prevailing party, then the prevailing party in an
action brought under this part 5 is entitled to recover reasonable attorney fees and
costs; except that a court shall only award a landlord reasonable attorney fees and
costs if the court finds that a tenant has filed a frivolous complaint or counterclaim
under this part 5.
(5) (a) A rental agreement or other agreement between a landlord and a
tenant entered into on or after May 3, 2024, as amended, that waives or modifies a
right or remedy provided in this part 5 is unlawful, void, and unenforceable,
including any provision in a rental agreement or other agreement that charges a
cost, fee, or penalty to a tenant because the tenant exercised or attempted to
exercise a right or remedy provided in this part 5.
(b) The exercise of one or more rights or remedies provided in this section
does not limit a tenant's rights to exercise or attempt to exercise any other right or
remedy provided by law.
(c) A written notice required by a remedy described in this section is valid if it
substantially complies with the requirements of this section.