Kansas

Kansas Landlord Tenant Key Rules

Official Kansas Forms:

 

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	1x monthly rent Kan. Stat. § 58-2550(a)
Security Deposit Interest:	No statute
Separate Security Deposit Bank Account:	No statute
Non-refundable fees:	No statute
Pet Deposits and Additional Fees:	1/2 month’s rent maximum in addition to the regular security deposit. Kan. Stat. § 58-2550(a)
Deadline for Returning Security Deposit:	14 days but no longer than 30 days. Kan. Stat. § 58-2550(b)
Permitted Uses of the Deposit:	rent and damages Kan. Stat. § 58-2550(b)
Security Deposit can be Withheld:	Yes Kan. Stat. § 58-2550(b)
Require Written Description/Itemized List of Damages and Charges:	Yes Kan. Stat. § 58-2550(b)
Receipt of Security Deposit:	No statute
Record Keeping of Deposit Withholdings:	Yes Kan. Stat. § 58-2550(c)
Failure to Comply:	If landlord fails to comply, then the tenant is able to recover the portion of the deposit that is due plus 1 1/2x the amount withheld. Kan. Stat. § 58-2550(c)

Lease, Rent & Fees:

TOPIC	RULE
Rent is Due:	Due at the beginning of each term of tenancy unless otherwise stated in the agreement. I.e each week or month depending on the type of agreement. Kan. Stat. § 58-2545(c)
Payment Methods:	No statute
Rent Increase Notice:	No statute. The general principle is 30-day notice.
Late Fees:	No statute. Usually they need to be specified in the lease agreement.
Application Fees:	No statute
Prepaid Rent:	No statute. Checking the security deposit clause in the lease agreement is recommended.
Returned Check Fees:	$100 and damages 3x the amount of the check not to exceed $500. Kan. Stat. § 60-2610(a)(1)(2)
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	No statute. If landlord is noncompliant, the tenant can notify them of the breach of contract and terminate the agreement within 30 days. Kan. Stat. § 58-2559
Tenant Allowed to Repair and Deduct Rent:	No statute
Self-Help Evictions:	Not allowed Kan. Stat. § 58-2563
Landlord Allowed to Recover Court and Attorney’s Fees:	No statute
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	Yes Kan. Stat. § 58-2565(c)

Notices and Entry:

TOPIC	RULE
Notice to Terminate Tenancy:	No notice required if it’s a fixed-date lease agreement as it simply ends. Kan. Stat. § 58-2509
Notice to Terminate a Periodic Lease – Week-to-week:	7-day notice required Kan. Stat. § 58-2570(a)
Notice to Terminate a Periodic Lease – Month-to-Month:	30-day notice required. 15-day notice is accepted if the tenant is U.S. Military. Kan. Stat. § 58-2570(b)
Notice to Terminate Lease due to Sale of Property:	No statute
Notice of date/time of Move-Out Inspection:	Within 5 days of moving in or delivery of posession an inspection shall be performed jointly by both parties. Kan. Stat. § 58-2548
Notice of Termination for Nonpayment:	If the period of tenancy is 3+ months a 10-day notice to quit is required. If tenancy is less than 3-month period, then a 3-day notice is required. Kan. Stat. § 58-2507 Kan. Stat. § 58-2508
Notice for Lease Violation:	The tenant has 14 days to remedy the situation or the lease is terminated within 30 days provided that the landlord notified the tenant of this in writing. Kan. Stat. § 58-2564
Required Notice before Entry:	No specifications on how much of a notice but reasonable notice is required. Usually 24-hour notice suffices. Kan. Stat. § 58-2557
Entry Allowed with Notice for Maintenance and Repairs:	Yes. Kan. Stat. § 58-2557
Emergency Entry Allowed without Notice:	Yes. Kan. Stat. § 58-2557
Entry Allowed During Tenant’s Extended Absence:	There is no specific statute regarding entry during extended absence. However, a tenant must notify a landlord of extended absences beyond 7 days. Kan. Stat. § 58-2558
Entry Allowed with Notice for Showing the Property:	Yes. Kan. Stat. § 58-2557
Notice to Tenants for Pesticide Use:	No statute
Lockouts Allowed:	Not allowed Kan. Stat. § 58-2563
Utility Shut-offs Allowed:	Not allowed Kan. Stat. § 58-2563
Electronic Notices Allowed:	No statute

Disclosures

• Name and Addresses: Landlord must disclose the name and address of the property owner and manager. (K.S.A. § 58-2551)
• Copy of the Lease: Tenant must receive a copy of the lease. (K.S.A. § 58-2545)
• Domestic Violence Situations: Tenants may terminate lease with documentation of abuse. (K.S.A. § 58-2565)

Duties

Landlord’s Duties

• Compliance: Must comply with building and housing codes. (K.S.A. § 58-2553)
• Repairs: Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. (K.S.A. § 58-2553)
• Common Areas: Keep common areas safe and clean. (K.S.A. § 58-2553)
• Maintenance: Maintain all systems provided by the landlord. (K.S.A. § 58-2553)
• Garbage: Provide receptacles for garbage and arrange for removal. (K.S.A. § 58-2553)

Tenant’s Duties

• Cleanliness: Keep the premises as clean and safe as conditions permit. (K.S.A. § 58-2555)
• Trash: Dispose of garbage properly. (K.S.A. § 58-2555)
• Plumbing: Keep plumbing fixtures clean. (K.S.A. § 58-2555)
• Appliances: Use appliances properly. (K.S.A. § 58-2555)
• Damage: Do not damage the property. (K.S.A. § 58-2555)
• Quiet Enjoyment: Do not disturb neighbors. (K.S.A. § 58-2555)
• Subleasing: Only with landlord’s written permission. (K.S.A. § 58-2511)
• Retaliation: Prohibited. (K.S.A. § 58-2572)
• Lead Disclosure: Required under federal law.