Kansas Rental Laws

by on with No Comments

This article summarizes some key Kansas Landlord-Tenant Laws applicable to residential rental units.

The Official State Statutes and other reputable municipal sources were used to research this information. All sources are cited appropriately.

With that said, landlord-tenant laws are always changing, and may even vary from county to county.  You have a responsibility to perform your own research and cautiously apply the laws to your unique situation.

If you have a legal question or concern, I only recommend contacting a licensed attorney referral service that is operated by the state bar association. This article is not intended to be exhaustive or a substitute for qualified legal advice.

Official Rules and Regulations

Security Deposit:

  • Security Deposit Maximum: One month’s rent maximum for unfurnished units, and one and a half month’s rent for furnished units. Separate pet deposits are also allowed, if pets are allowed. (§§ 58-2550(a))
  • Security Deposit Interest: No statute
  • Separate Security Deposit Bank Account: No statute
  • Pet Deposits: In addition to a security deposit, landlord may charge a pet deposit of no more than one-half of one month’s rent. (§§ 58-2550(a))
  • Non-Refundable Fees: No statute
  • Deadline for Returning Security Deposit: Within 14 days of landlord determining the amount of deposit withholding, and not to exceed 30 days from termination of the tenancy, move-out and demand for the deposit by the tenant. If tenant does not make demand for the deposit within 30 days of termination of the tenancy, landlord must mail that portion of the security deposit due the tenant to the tenant’s last known address. (§§ 58-2550(b))
  • Permitted Uses of the Deposit:
    • Payment of rent owed;
    • Damages which the landlord has suffered due to the tenant’s noncompliance with the rental agreement or statutory Tenant Duties. (§§ 58-2550(b))
  • Require Written Description/Itemized List of Damages and Charges: No statute
  • Record Keeping of Deposit Withholdings: No statute
  • Receipt of Deposit: No statute
  • Failure to Comply: If landlord fails to comply with rules for security deposit return, tenant may sue to recover the portion of the security deposit that is due, plus damages equal to one and a half the amount wrongfully withheld. (58-2550(c))

Lease, Rent & Fees:

  • Rent Is Due: Unless agreed to otherwise in the lease, rent is due at the beginning of any term of one month or less. (§§ 58-2545(c))
  • Rent Increase Notice: As stated in the lease (§§ 58-2545)
  • Rent Grace Period: No statute
  • Late Fees: As stated in the lease (§§ 58-2545)
  • Prepaid Rent: No statute
  • Returned Check Fees: $30
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No statute allowing rent withholding, but for landlord violations of lease or statutory Landlord Duties tenant may terminate the agreement with 30-day written notice that provides 14 days for landlord to remedy. See statute for further details. (§§ 58-2559)
  • Tenant Allowed to Repair and Deduct Rent: No statute
  • Landlord Allowed to Recover Court and Attorney Fees: No lease may include a provision for either the landlord or tenant to agree to pay the other’s attorney fees. (§§ 58-2547(3))
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes (§§ 58-2565(c))
  • Abandonment/Early Termination Fee: No statute for abandonment/early termination fee, but if tenant abandons premises and leaves personal property, landlord may take possession of the property, store it at tenant’s expense and sell or dispose of it after 30 days. See statute for required notification prior to sale and for the allowed uses of the proceeds of such sale. (§§ 58-2565(d))

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is required as the lease simply ends. (§§ 58-2509)
  • Notice to Terminate Tenancy – Yearly Lease with No End Date: Non-farm tenancies from year to year may be terminated with 30-day written notice prior to the end of the year. (§§ 58-2505)
  • Notice to Terminate Tenancy – Month-to-Month Lease: 30-day written notice prior to a periodic rent-paying date, except where the tenant is in U.S. military service and termination of the tenancy is necessitated by military orders, in which case a minimum 15-day written notice is required. (§§ 58-2570(b))
  • Notice to Terminate Tenancy – Week-to-Week Lease: Seven-day written notice prior to the termination date specified in the notice (§§ 58-2570(a))
  • Termination of Tenancy with 24 Hours Notice: No statute
  • Notice of Date/Time of Move-Out Inspection: Within five days of move-in, tenant and landlord or landlord’s representative must inspect the rental together and inventory in writing the condition of the premises and that of any furnishings or appliances provided. Both parties must sign the completed written inventory and both parties must receive a copy of the signed inventory. (§§ 58-2548)
  • Notice of Termination for Nonpayment of Tenancies Longer than Three Months: 10-day written notice, and the tenant may prevent termination by paying the outstanding rent within that period (§§ 58-2507)
  • Notice of Termination for Nonpayment of Tenancies Shorter than Three Months : 3-day written notice, and the tenant may prevent termination by paying the outstanding rent within that period (§§ 58-2508)
  • Termination for Lease Violation: For tenant violations of the rental agreement or statutory Tenant Duties, landlord may give written notice describing the violation and stating that the agreement will terminate in 30 days if the violation is not remedied within 14 days. For a second such violation within six months of the first, landlord may terminate the agreement with a 30-day written notice specifying the breach and the date the agreement shall terminate, without the option to remedy. (§§ 58-2564)
  • Required Notice before Entry: Landlord must give tenant reasonable notice before entry at a reasonable hour. (§§ 58-2557)
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes (§§ 58-2557)
  • Entry Allowed with Notice for Showings: Yes (§§ 58-2557)
  • Emergency Entry Allowed without Notice: Yes, entry without consent allowed in case of extreme hazard involving potential loss of life or severe property damage. (§§ 58-2557(b))
  • Entry Allowed During Tenant’s Extended Absence: Rental agreement may require tenant to notify landlord of any anticipated extended absence longer than seven days, no later than the first day of the extended absence. During any absence of tenant in excess of 30 days, landlord may enter at times reasonably necessary. (§§ 58-2558 and §§ 58-2565)
  • Notice to Tenants for Pesticide Use: No statute
  • Lockouts Allowed: No (§§ 58-2563)
  • Utility Shut-offs Allowed: No (§§ 58-2563 and §§ 58-2569)

Disclosures and Miscellaneous Notes:

  • Name and Addresses: Prior to the start of a tenancy, landlord must disclose in writing the name and address of landlord and any property manager for the service of process and for the receipt of notices and demands. (§§ 58-2551)
  • Copy of the Lease: Landlord must give tenant a copy of the lease that has been signed by both parties, and if the landlord does not do so and then later accepts rent from the tenant, that acceptance gives the rental agreement the same effect as if it had been signed and delivered by the landlord. The term of any such lease is limited to one year, regardless of the term stated in the lease. (§§ 58-2546)
  • Domestic Violence Situations: No statute. The Kansas Coalition Against Sexual & Domestic Violence has a 24-hour free hotline (1-888-363-2287) and links to support resources by county.
  • Landlord’s Duties: (§§ 58-2553)
    • Compliance: Comply with the requirements of applicable building and housing codes materially affecting health and safety;
    • Repairs: Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;
    • Common Areas: Exercise reasonable care in the maintenance of common areas;
    • Maintenance: Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating and air-conditioning appliances including elevators, supplied or required to be supplied by landlord;
    • Trash: Provide appropriate receptacles for the removal of trash and other waste incidental to occupancy and arrange for removal, except where provided by a governmental entity;
    • Heat: Supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1 except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.
  • Tenant’s Duties: (§§ 58-2555)
    • Compliance: Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
    • Cleanliness: Keep the premises that tenant occupies and uses as clean and safe as the condition of the premises permit;
    • Trash: Dispose from tenant’s dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner;
    • Plumbing: Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
    • Appliances: Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises;
    • Lawful Activity: Be responsible for any damage or removal of any part of the premises caused by an act or omission of the tenant or by any person or animal on the premises at any time with the express or implied permission or consent of the tenant; and
    • Quiet Enjoyment: Not engage in conduct or allow any person or animal on the premises with the express or implied permission or consent of the tenant to engage in conduct that disturbs the quiet and peaceful enjoyment of the premises by other tenants.
  • Retaliation: Landlord may not retaliate against a tenant by increasing rent or decreasing services after tenant has complained to a governmental agency charged with enforcement of building or housing codes, complained to landlord of a violation of statutory Landlord Duties, or become involved in a tenant’s union. Read §§ 58-2572 for more information.
  • Lead Disclosure:  Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.

Court Related:

Business Licenses:

  • Business License Required: No statewide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.