A summary of Kansas Landlord Tenant Laws based on state law statutes as they apply to residential lease agreements executed between landlords and tenants.
Required Disclosures (by Landlords)
Move-in Checklist: Landlord must provide tenant with move-in checklist. Within 5 days of move-in, landlord and tenant must jointly inventory the rental. (Kan. Stat. Ann. § 58-2548)
Owner or Agent Information: Landlord must disclose to the tenant in writing at or before the commencement of the tenancy the name and address of the person authorized to manage the premises, and an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving notices and demands. (Kan. Stat. Ann. § 58-2551)
Security Deposit Limit
A landlord may charge the equivalent of one month’s rent for the security deposit if the rental is unfurnished and 1 1/2 months’ rent for a furnished rental. In addition, a half month’s rent may be charged for pets. The law does not apply to an employee of the landlord, such as an onsite manager, whose right to occupancy is conditioned upon employment at the property.
Deadline for Returning Security Deposit
The security deposit must be returned within 30 days after the tenant has moved out.
Small Claims Lawsuits
Cases involving landlord-tenant monetary disputes may be filed in small claims court as long as the damages sought do not exceed $4,000.
Late Fees
Kansas state law does not cover late fees. Therefore, only a signed agreement by both parties either before or during an existing lease term can be enforceable. Oral agreements are okay, but are not very reliable should a dispute occur.
Increasing Rent
Kansas does not have a state statute on the amount of notice a landlord must provide to raise rent. The generally accepted rule is 30 days. However, lease agreements can easily govern themselves by addressing if, when and how much rent should be increased.
Tenant’s Right to Withhold Rent
If a landlord fails to take care of health, safety and habitability repairs in a reasonable amount of time (determined by the nature of the problem), a tenant may exercise their right to withhold rent until such problems are corrected. A word of caution: The landlord must be clearly made aware of the problem.
Termination and Eviction
A 30 day unconditional quit notice may be used only when a second similar material violation of the lease occurs after the first violation was corrected.
A 14 day notice to cure violations may be used with an additional 16 days to vacate if the problem is not corrected.
Access to Property
In order to gain entry to the tenant’s residence, the landlord must provide a reasonable amount of notice.
Kansas Lease Agreement
Kansas Landlord-Tenant Law Statutes
Kansas Stat. Ann. §§ 58-2501 to 58-2573.