K.S.A. » Chapter 58
Kansas Statutes Annotated

K.S.A. § 58-2547 (2026)

Prohibited terms and conditions in rental agreement; damages

✓ current as of May 2026
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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.

History: L. 1975, ch. 290, § 8; July 1.

Notes of Decisions
Cited in 11 cases (5 in the last 5 years), 1979–2025 · leading case: Chelsea Plaza Homes, Inc. v. Moore, 601 P.2d 1100 (Kan. 1979).
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Chelsea Plaza Homes, Inc. v. Moore, 601 P.2d 1100 (Kan. 1979). · cites it 4× “” (K.S.A. 58-2547[fc] and 58-2557.) 2. Paragraph (d) of the lease agreement which provided: “If default be made in the payment of rent after the same is due, or upon the breach of any of the covenants and agreements herein contained, the LANDLORD shall have the right to enter…”
Blair v. Transam Trucking, Inc., 309 F. Supp. 3d 977 (D. Kan. 2018). “The RLTA permits only the recovery of Actual damages by a tenant, and those only when the prohibited provisions are deliberately used by the landlord ( K.S.A. 58-2547 ); whereas, the [KCPA], for deceptive *994 acts or practices ( K.”
Oak Park Inv. Co. v. Lundy's, Inc., 626 P.2d 1236 (Kan. Ct. App. 1981). · cites it 2× “” *134 A statutory provision in the Kansas Residential Landlord and Tenant Act, K.S.A. 58-2547(a)(3), renders any provision in a residential lease, by which it is agreed to pay either party’s attorneys’ fees, unenforceable.”
Clark v. Walker, 590 P.2d 1043 (Kan. 1979). “58-2545), and prohibits the inclusion of certain per se unreasonable terms (K.S.A. 58-2547). The landlord (K.S.A. 58-2553) as well as the tenant (K.”
State v. Mwaura, 610 P.2d 662 (Kan. Ct. App. 1980). “58-2547 [prohibiting certain provisions in a rental agreement including waiver of rights under the Kansas Residential Landlord and Tenant Act, payment of the other party’s attorney fees, and exculpation of any liability under the law]; K.S.A. 50-625(«) [providing that a consumer…”
Jackson Ex Rel. Jackson v. Wood, 726 P.2d 796 (Kan. Ct. App. 1986). “58-2553(a)(1) - (3) and K.S.A. 58-2547 “impose absolute and nondelegable duties” on landlords.”
Wheeler v. Rental Mgmt. Solutions (Kan. Ct. App. 2021). · cites it 8× “On its face, K.S.A. 58-2547(a) only applies to a provision in a "rental agreement" regarding the payment of attorney fees.”
Skyline Trucking, Inc. v. Freightliner Truck Ctr. Companies (D. Kan. 2024). · cites it 3× “143 (2012) (categorizing states’ responses to unilateral attorneys’ fees clauses—into those with reciprocal fees statutes, limited reciprocal fees statutes, some protections, and no protections—and placing Kansas in the some protections category based on Kan. Stat. Ann. §…”
Lake V. Delta, Delta, Delta NHC-Univ. of Kansas (Theta Omega Chapter) LLC (D. Kan. 2022). · cites it 2× “at 8-9 (citing K.S.A. § 58-2547(a)(4)). As supplemental statements of fact, Plaintiff presents nine legal definitions, mostly from the KRLTA, and asserts that Plaintiff, Defendant, and the agreements at issue all fall within those definitions.”
Lawton v. Park Vill. Cmty., LLC (D. Kan. 2022). · cites it 2× “18 K.S.A. 58-2547 (emphasis added). 19 K.S.A.”
Washburn South Apts. v. Hession (Kan. Ct. App. 2025). · cites it 2× “K.S.A. 58-2547(a); see, e.g., K.S.A. 58-2553(b) (allowing some landlords to contractually shift obligations in K.”
— K.S.A. § 58-2547(a) — 2 cases
Washburn South Apts. v. Hession (Kan. Ct. App. 2025). “K.S.A. 58-2547(a); see, e.g., K.S.A. 58-2553(b) (allowing some landlords to contractually shift obligations in K.”
Wheeler v. Rental Mgmt. Solutions (Kan. Ct. App. 2021). “On its face, K.S.A. 58-2547(a) only applies to a provision in a "rental agreement" regarding the payment of attorney fees.”
— K.S.A. § 58-2547(a)(1) — 1 case
Wheeler v. Rental Mgmt. Solutions (Kan. Ct. App. 2021). “On its face, K.S.A. 58-2547(a) only applies to a provision in a "rental agreement" regarding the payment of attorney fees.”
— K.S.A. § 58-2547(a)(3) — 2 cases
Oak Park Inv. Co. v. Lundy's, Inc., 626 P.2d 1236 (Kan. Ct. App. 1981). “” *134 A statutory provision in the Kansas Residential Landlord and Tenant Act, K.S.A. 58-2547(a)(3), renders any provision in a residential lease, by which it is agreed to pay either party’s attorneys’ fees, unenforceable.”
Wheeler v. Rental Mgmt. Solutions (Kan. Ct. App. 2021). “On its face, K.S.A. 58-2547(a) only applies to a provision in a "rental agreement" regarding the payment of attorney fees.”
— K.S.A. § 58-2547(a)(4) — 1 case
Lake V. Delta, Delta, Delta NHC-Univ. of Kansas (Theta Omega Chapter) LLC (D. Kan. 2022). “at 8-9 (citing K.S.A. § 58-2547(a)(4)). As supplemental statements of fact, Plaintiff presents nine legal definitions, mostly from the KRLTA, and asserts that Plaintiff, Defendant, and the agreements at issue all fall within those definitions.”
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