Kan. Stat. Ann. § 58-25,106
Prohibited terms and conditions.
Operative Text
(a) A rental agreement shall not provide that the tenant or landlord does any of the following: (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 the other party's attorney fees; (4) agrees to the exculpation or limitation of any liability of the other party arising under law or to indemnify the other party for that liability or the costs connected therewith; or (5) agrees to a designated agent for the sale of tenant's mobile home. (b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable.
Kansas law under Kan. Stat. Ann. §§ 58-2501 through 58-25,106 identifies certain terms that cannot be made part of a mobile home or residential rental agreement. Specifically, the law bars clauses that would strip either party of their statutory rights, allow a third party to confess judgment, require one party to pay the other's attorney fees, limit or eliminate liability that would otherwise exist under law, or designate an agent to sell a tenant's mobile home. Any such clause that does appear in a rental agreement is automatically unenforceable, meaning neither party can rely on it.
Plain English — not legal advice.
Under Kan. Stat. Ann. §§ 58-2501 through 58-25,106, compliant landlords and property managers review their lease templates to ensure none of the five prohibited clause types are included before presenting agreements to tenants. Operators generally work with qualified legal counsel when drafting or updating lease language to confirm that no provision inadvertently waives statutory rights, shifts attorney fees, limits liability, or designates an agent for the sale of a tenant's mobile home. Because a prohibited clause is void on its face, including one does not create an enforceable right — it simply has no legal effect.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Kansas are protected by Kan. Stat. Ann. §§ 58-2501 through 58-25,106, which renders certain lease clauses unenforceable regardless of whether a tenant signed the agreement containing them. If a lease includes a term that waives statutory rights, requires payment of the landlord's attorney fees, limits the landlord's legal liability, or designates an agent to sell a tenant's mobile home, that clause cannot be used against the tenant. Tenants who believe a landlord is attempting to enforce such a prohibited term may consider consulting a tenant-rights organization, a legal aid office, or a private attorney to understand the general options available.
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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