58-2547. Same; prohibited terms and conditions; damages. - Kansas Statutes

58-2547

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 25.--LANDLORDS AND TENANTS

      58-2547.   Same; prohibited terms and conditions; damages.(a) No rental agreement may provide that the tenant or landlord:

      (1)   Agrees to waive or to forego rights or remedies under this act;

      (2)   authorizes any person to confess judgment on a claim arising out ofthe rental agreement;

      (3)   agrees to pay either party's attorneys' fees; or

      (4)   agrees to the exculpation or limitation of any liability of eitherparty arising under law or to indemnify either party for that liability orthe costs connected therewith, except that a rental agreement may providethat a tenant agrees to limit the landlord's liability for fire, theft orbreakage with respect to common areas of the dwelling unit.

      (b)   A provision prohibited by subsection (a) included in a rentalagreement is unenforceable. If a landlord deliberately uses a rentalagreement containing provisions known by such landlord to be prohibited,the tenant may recover actual damages sustained by such tenant.

      History:   L. 1975, ch. 290, § 8; July 1.