Kansas Statutes 84-2a-501. Default; procedure
(1) Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and this article.
(2) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement has rights and remedies as provided in this article and, except as limited by this article, as provided in the lease agreement.
Terms Used In Kansas Statutes 84-2a-501
- Contract: A legal written agreement that becomes binding when signed.
- Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (Kan. See Kansas Statutes 84-2a-103
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Kansas Statutes 84-2a-103
- Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. See Kansas Statutes 84-2a-103
- Lease contract: means the total legal obligation that results from the lease agreement as affected by this article and any other applicable rules of law. See Kansas Statutes 84-2a-103
- Lessee: means a person who acquires the right to possession and use of goods under a lease. See Kansas Statutes 84-2a-103
- Lessor: means a person who transfers the right to possession and use of goods under a lease. See Kansas Statutes 84-2a-103
- Property: includes personal and real property. See Kansas Statutes 77-201
- real property: include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal. See Kansas Statutes 77-201
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(3) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement may reduce the party’s claim to judgment, or otherwise enforce the lease contract by self-help or any available judicial procedure or nonjudicial procedure, including administrative proceeding, arbitration, or the like, in accordance with this article.
(4) Except as otherwise provided in Kan. Stat. Ann. 2023 Supp. 84-1-305(a), and amendments thereto or this article or the lease agreement, the rights and remedies referred to in subsections (2) and (3) are cumulative.
(5) If the lease agreement covers both real property and goods, the party seeking enforcement may proceed under Kan. Stat. Ann. §§ 84-2a-501 through 84-2a-532, and amendments thereto, as to the goods, or under other applicable law as to both the real property and the goods in accordance with that party’s rights and remedies in respect to the real property, in which case Kan. Stat. Ann. §§ 84-2a-501 through 84-2a-532, and amendments thereto, do not apply.