58-2541.
Arrangements not subject to act.
Unless created to avoid the application of this act, the following arrangements are not governed by this act:
(a) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service;
(b) occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the purchaser's interest;
(c) occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
(d) transient occupancy in a hotel, motel or rooming house;
(e) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises;
(f) occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; and
(g) occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.
History:
L. 1975, ch. 290, § 2; July 1.
Notes of Decisions
Mandala Cmty. v. Denton (Kan. Ct. App. 2025).
· cites it 18× “Discussion K.S.A. 58-2541 provides: "Unless created to avoid the application of this act, the following arrangements are not governed by this act.”
Williamson v. MJB Hotels (Kan. Ct. App. 2021).
· cites it 4× “" K.S.A. 58-2541(d). The district court found that the American Motel was registered as a hotel or motel under Kansas law and that Williamson was a transient occupant there.”
Lawton v. Park Vill. Cmty., LLC (D. Kan. 2022).
“21 K.S.A. 58-2541(b). Act applies to occupancy by the holder of an option to purchase, as distinguished from a contract of sale.”
— K.S.A. § 58-2541(a) — 2 cases
Mandala Cmty. v. Denton (Kan. Ct. App. 2025).
“Discussion K.S.A. 58-2541 provides: "Unless created to avoid the application of this act, the following arrangements are not governed by this act.”
— K.S.A. § 58-2541(b) — 1 case
Lawton v. Park Vill. Cmty., LLC (D. Kan. 2022).
“21 K.S.A. 58-2541(b). Act applies to occupancy by the holder of an option to purchase, as distinguished from a contract of sale.”
— K.S.A. § 58-2541(d) — 1 case
Williamson v. MJB Hotels (Kan. Ct. App. 2021).
“" K.S.A. 58-2541(d). The district court found that the American Motel was registered as a hotel or motel under Kansas law and that Williamson was a transient occupant there.”
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