Printable Format58-2547. 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 of the rental agreement;
(3) agrees to pay either party's attorneys' fees; or
(4) agrees to the exculpation or limitation of any liability of either party arising under law or to indemnify either party for that liability or the costs connected therewith, except that a rental agreement may provide that a tenant agrees to limit the landlord's liability for fire, theft or breakage with respect to common areas of the dwelling unit.
(b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by such landlord to be prohibited, the tenant may recover actual damages sustained by such tenant.
History: L. 1975, ch. 290, ยง 8; July 1.
Law Review and Bar Journal References:
"Recovery of Attorney Fees in Kansas," Mark A. Furney, 18 W.L.J. 535, 543 (1979).
"Prosecuting and Defending Forcible Entry and Detainer Actions," Stephen Kirschbaum, 65 J.K.B.A. No. 7, 20 (1996).
CASE ANNOTATIONS
1. Mentioned in upholding constitutionality of subsection (d) of K.S.A. 58-2550. Clark v. Walker, 225 Kan. 359, 364, 590 P.2d 1043.
2. Cited; on counterclaim for damages; Residential Landlord and Tenant Act was specific and took precedence over Consumer Protection Act. Chelsea Plaza Homes, Inc. v. Moore, 226 Kan. 430, 431 432, 434, 601 P.2d 1100.
3. Cited in showing legislative intent to impose absolute and non-delegable duties on one party to contract. State v. Mwaura, 4 Kan. App. 2d 738, 741, 610 P.2d 662.
4. A commercial lease may provide for reasonable attorney fees. Oak Park Investment Co. v. Lundy's, Inc., 6 Kan. App. 2d 133, 134, 136, 626 P.2d 1236.
5. Where landlord knew or should have known of defective condition, duty is owed to tenant and invited guests. Jackson v. Wood, 11 Kan. App. 2d 478, 483, 484, 726 P.2d 796 (1986).