58-2545.
Rental agreement; terms and conditions in absence thereof.
(a) The landlord and tenant may include in a rental agreement, terms and conditions not prohibited by this act or other rule of law, including rent, term of the agreement and other provisions governing the rights and obligations of the parties.
(b) In absence of agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit.
(c) Rent shall be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit, and periodic rent is payable at the beginning of any term of one (1) month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day-to-day.
(d) Unless the rental agreement fixes a definite term, the tenancy shall be week-to-week, in the case of a roomer who pays weekly rent, and in all other cases month-to-month.
History:
L. 1975, ch. 290, § 6; July 1.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1979–2024 · leading case:
Clark v. Walker, 590 P.2d 1043 (Kan. 1979).
Clark v. Walker, 590 P.2d 1043 (Kan. 1979).
“58-2544), supplies the basic terms in the absence of an agreement (K.S.A. 58-2545), and prohibits the inclusion of certain per se unreasonable terms (K.”
New Hampshire Ins. v. Hewins, 627 P.2d 1159 (Kan. Ct. App. 1981).
“233, noted the change under consideration was worded differently from the uniform act and imposed a greater responsibility on the tenant insofar as persons on the premises with his consent are concerned.”
Carr v. Vannoster, 281 P.3d 1186 (Kan. Ct. App. 2012).
“See K.S.A. 58-2545(b). Rodney failed to pay any rent whatsoever for a protracted period before this incident.”
Schartz v. Foster, 805 P.2d 505 (Kan. Ct. App. 1991).
· cites it 3× “58-2570(c) of the Act refers to K.S.A. 58-2545(d) as determining the nature of a tenancy held over with landlord consent upon expiration of the term of the rental agreement.”
Hill City Hous. Auth. v. Nevins (Kan. Ct. App. 2024).
“58-2544, supplies default terms in the absence of an agreement, K.S.A. 58-2545, and prohibits certain per se unreasonable terms, K.”
— K.S.A. § 58-2545(b) — 1 case
Carr v. Vannoster, 281 P.3d 1186 (Kan. Ct. App. 2012).
“See K.S.A. 58-2545(b). Rodney failed to pay any rent whatsoever for a protracted period before this incident.”
— K.S.A. § 58-2545(d) — 1 case
Schartz v. Foster, 805 P.2d 505 (Kan. Ct. App. 1991).
“58-2570(c) of the Act refers to K.S.A. 58-2545(d) as determining the nature of a tenancy held over with landlord consent upon expiration of the term of the rental agreement.”
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