Printable Format58-2545. 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, ยง 6; July 1.
Law Review and Bar Journal References:
"Prosecuting and Defending Forcible Entry and Detainer Actions," Stephen Kirschbaum, 65 J.K.B.A. No. 7, 20 (1996).
CASE ANNOTATIONS
1. Mentioned in upholding constitutionality of subsection (d) of 58-2550. Clark v. Walker, 225 K. 359, 364, 590 P.2d 1043.
2. Statute determines nature of tenancy held over with landlord's consent upon termination of original agreement; controls over 58-2501 et seq. Schartz v. Foster, 15 K.A.2d 213, 215, 805 P.2d 505 (1991).