58-816a. Late fees; rental agreement provision required. - Kansas Statutes

58-816a

Chapter 58.--PERSONAL AND REAL PROPERTY Article 8.--MISCELLANEOUS PROVISIONS

      58-816a.   Late fees; rental agreement provisionrequired.(a) An operator may impose a reasonable late fee, as definedin K.S.A. 58-814, and amendments thereto, for each month an occupant does notpay rent when it is due, in an amount not to exceed $20 per month or 20% of themonthly rental amount, whichever is greater, for each late rental payment. Anoperator may set a late fee at a rate other than the rate provided for in thissection if it is reasonable. The operator has the burden of proving that ahigher late fee is reasonable.

      (b)   Any late fee charged by the operator shall be stated in the rentalagreement. No late fee shall be collected unless it is provided for in therental agreement, as defined in K.S.A. 58-814, and amendments thereto, or in anaddendum to the rental agreement.

      (c)   The operator may recover all reasonable rent collection and lienenforcement expenses from the occupant in addition to any late fees imposed.

      (d)   This section shall be part of and supplemental to the self-servicestorage act.

      History:   L. 2005, ch. 113, § 2; July 1.