Kan. Stat. Ann. § 58-2547
Prohibited terms and conditions in rental agreement; damages.
Operative Text
(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.
Under Kan. Stat. Ann. §§ 58-2501–58-2547, Kansas law voids certain clauses that might otherwise appear in residential rental agreements. Specifically, a lease cannot strip either party of their statutory rights, allow a confession of judgment, require one party to pay the other's attorney's fees, or waive liability protections—though a narrow exception permits tenants to agree to limit a landlord's liability for fire, theft, or breakage in common areas. Any such prohibited clause is automatically unenforceable, and if a landlord knowingly includes one, the tenant may seek actual damages.
Plain English — not legal advice.
Operators subject to Kan. Stat. Ann. §§ 58-2501–58-2547 generally review their lease templates carefully to ensure no clause waives statutory rights, contains a confession-of-judgment provision, shifts attorney's fees, or limits liability in ways the statute prohibits. The only recognized exception allows a lease to include a tenant's agreement limiting the landlord's liability for fire, theft, or breakage in common areas. Landlords who knowingly include prohibited terms expose themselves to claims for actual damages, making periodic legal review of lease language a common compliance practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Kan. Stat. Ann. §§ 58-2501–58-2547, tenants have the right to treat any prohibited lease clause—such as a waiver of statutory rights, a confession-of-judgment provision, an attorney's-fee-shifting clause, or an improper liability waiver—as legally void and unenforceable. If a landlord knowingly included such a clause, the statute provides a path to recover actual damages suffered as a result. Tenants who believe their lease contains prohibited terms may wish to consult a tenant-rights organization or legal aid office to understand the options available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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