58-2547. Prohibited terms and conditions in rental agreement; damages.
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/ks/chapter-58/58-2547A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
58-2547. Prohibited terms and conditions in rental agreement; 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.