58-25,104. Finding of unconscionability, remedies; evidence. - Kansas Statutes

58-25,104

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

      58-25,104.   Finding of unconscionability, remedies; evidence.(a) If the court, as a matter of law, finds that:

      (1)   A rental agreement or any provision thereof was unconscionable whenmade, the court may refuse to enforce the agreement, enforce the remainderof the agreement without the unconscionable provision or limit the applicationof any unconscionable provision to avoid an unconscionable result.

      (2)   A settlement in which a party waives or agrees to forego a claim orright under this act or under a rental agreement was unconscionable at thetime it was made, the court may refuse to enforce the settlement, enforcethe remainder of the settlement without the unconscionable provision orlimit the application of any unconscionable provision to avoid anyunconscionable result.

      (b)   If unconscionability is put into issue by a party or by the courtupon its own motion the parties shall be afforded a reasonable opportunityto present evidence as to the setting, purpose and effect of the rentalagreement or settlement to aid the court in making the determination.

      History:   L. 1992, ch. 306, § 6; July 1.