Printable Format84-2a-208. Modification, recission and waiver. (1) An agreement modifying a lease contract needs no consideration to be binding.
(2) A signed lease agreement that excludes modification or rescission except by a signed writing may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.
(3) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2), it may operate as a waiver.
(4) A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.
History: L. 1991, ch. 295, ยง 17; February 1, 1992.
KANSAS COMMENT, 1996
This section addresses modifications of lease contracts, and is taken from section 84-2-209. The principal change from the statutory analogue is that this section omits section 84-2-209(3), which provided that "(t)he requirements of the statute of frauds . . . must be satisfied if the contract as modified is within its provisions." The Official Comments justify the omission as avoiding unfairness. For further discussion of the remaining subsections, see 1996 Kansas Comments 1, 2, & 4 to 84-2-209.