Kansas § 58-25,104 Finding of unconscionability, remedies; evidence

Kansas Statutes

§ 58-25,104 — Finding of unconscionability, remedies; evidence

Kansas·Ch. 58 PERSONAL AND REAL PROPERTY·Art. 25 LANDLORDS AND TENANTS

(a)If the court, as a matter of law, finds that:

(1)A rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision or limit the application of any unconscionable provision to avoid an unconscionable result.

(2)A settlement in which a party waives or agrees to forego a claim or right under this act or under a rental agreement was unconscionable at the time it was made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision or limit the application of any unconscionable provision to avoid any unconscionable result.

(b)If unconscionability is put into issue by a party or by the court upon

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(a) If the court, as a matter of law, finds that:
(1) A rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision or limit the application of any unconscionable provision to avoid an unconscionable result.
(2) A settlement in which a party waives or agrees to forego a claim or right under this act or under a rental agreement was unconscionable at the time it was made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision or limit the application of any unconscionable provision to avoid any unconscionable result.
(b) If unconscionability is put into issue by a party or by the court upon its own motion the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or settlement to aid the court in making the determination.

Kansas § 58-25,104 (Finding of unconscionability, remedies; evidence) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.