Kansas Landlord-Tenant Law: An Overview
The Kansas landlord-tenant law governs the rental relationships between landlords and tenants in the state. The law outlines the rights and responsibilities of both parties, including rental agreements, security deposits, and eviction procedures. Under the Kansas rental laws, landlords are required to return the security deposit within 30 days after the lease ends. Failure to comply with the Kansas security deposit law can result in legal action against the landlord. It is important for both landlords and tenants to understand their rights and obligations under the Kansas landlord-tenant law.
What is the maximum amount I can collect as a security deposit?
The Security Deposit is to be Collected as Follows:
For an Unfurnished Leased Premises: An amount not to exceed 1 month’s rent is permitted.
For a Furnished Leased Premises: An amount not to exceed 1 1/2 month’s rent is permitted.
Pet Occupied Leased Premises: An additional amount not to exceed 1/2 month’s rent may be collected by the landlord.
Please Note: Security deposits must be placed in a bank, credit union, or savings & loan account insured by the federal government, and may not commingle with the landlord’s personal funds.
Can I require my tenants to obtain renter’s insurance?
Landlords may require tenants to obtain rental insurance, and could make the failure to do so a breach of the lease.
Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the lease.
May I charge a fee for late rent or a returned payment?
There are no limits on the amount charged for a late fee, however, assessed fees should remain reasonable and related to the landlord’s actual expenses incurred. Returned payment fees must not exceed $30.
Please Note: If a tenant’s check is returned for insufficient funds and the tenant fails to make alternative arrangements for the payment of rent within 5 days of the landlord’s demand, the landlord may seek civil damages pursuant to recover a compensatory amount of 3 times the face amount of such check or $100.00, whichever amount is greater, along with reasonable attorney’s fees and court costs associated with such civil action.
My tenant has moved out, what may I do with their security deposit?
If the landlord proposes to retain any portion of the security deposit for expenses, damages, or other legally allowable charges under the provisions of the rental agreement (other than rent), the landlord shall return the balance of the security deposit to the tenant within 14 days after the determination of such expenses, damages or other charges. In no event should this time frame exceed 30 days after termination of the tenancy, delivery of possession and demand by the tenant.
What is a common problem where security deposits are concerned?
At times landlords may try claiming deductions for items that are often characterized by the court as normal wear and tear. This situation may be prevented by realistically evaluating each deduction, providing proof of damage, as well as including repair receipts and pictures.
How can I end a Kansas lease agreement?
Under Kansas landlord-tenant law, landlords may terminate a lease by the following;
- Month to Month: The landlord or the tenant may terminate a tenancy by written notice given to the other party stating that the tenancy shall terminate no less than 30 days after receipt of the notice.
- Definite Term of More than 30 Days: Shall not be construed as a month to month tenancy, even though the rent is reserved payable at intervals of 30 days. The lease shall either end at the end of the term or renew with 30 days notice.
- Week to Week Tenancy: Shall terminate by a written notice given to the other at least 7 days prior to the termination date specified in the notice.
Please Note: Where the tenant is in the military service of the United States and termination of the tenancy is necessitated by military orders, not more than 15 days’ written notice by a tenant shall be necessary to terminate any such tenancy.
Are there circumstances where I am required to release a tenant from a lease agreement?
A landlord may be forced to release a tenant from a contractual agreement when the dwelling unit or premise is damaged and/or destroyed by fire or casualty not caused by the tenant, deeming the rental property unlivable. Additionally, a tenant may seek release from a rental agreement with the court when a landlord does not abide by the state’s landlord obligations.
How long does the eviction process take?
As with any legal matter, exact timing is almost impossible as it depends on many factors. Overall, with no complications, the eviction process usually takes approximately 4-5 weeks.
How do I tell if my tenant has “skipped” out of the apartment?
Often times it’s best to look for the obvious, such as removal of personal goods, whether or not the tenant has come back to the premises at any time during a one week period, and simply no food in the refrigerator. It’s extremely important to document all of the “proof” gathered in order to determine abandonment. When in doubt, if payment of rent has not been made, the landlord may always file for eviction.
Do I have to give the tenant notice before I enter the rental property?
The landlord shall have the right to enter the leased premises at reasonable times and hours, after reasonable notice has been given to the tenant, unless in cases of emergency.
Aside from the lease agreement, are there any additional documents necessary?
Statute # 58-2548 states that within 5 days of the initial date of occupancy or upon delivery of possession, the landlord, or such landlord’s designated representative, and the tenant shall jointly inventory the premises. A written record detailing the condition of the premises and any furnishings or appliances provided shall be documented. Duplicate copies of the record shall be signed by the landlord and the tenant as an indication the inventory was completed. The tenant shall be given a copy of the inventory.
Additionally, If the leased premises was constructed prior to 1978, the landlord must provide all tenants with the Lead-Based Paint EPA Disclosure and the Lead-Based Paint EPA Pamphlet.
How much advance notice must a landlord provide in Kansas?
The lease agreement will often specify the landlord’s ability to end the tenancy. Additionally, in most circumstances, the landlord must provide you with at least 30 days’ notice if they decide not to renew your lease.
Is Kansas a landlord-friendly state?
Kansas is generally considered to be a landlord-friendly state. The state has relatively few restrictions on landlords’ ability to evict tenants, and the legal process for eviction is generally considered to be quick and efficient. Additionally, Kansas has relatively high rents compared to other states in the region, which can make it an attractive place for landlords to do business.
What is a landlord responsible for in Kansas?
Under Kansas landlord-tenant law, landlords are responsible for maintaining a safe and habitable rental unit for their tenants. This includes making necessary repairs in a timely manner, keeping the common areas safe and clean, and complying with all state and local housing codes. Landlords are also responsible for providing and maintaining essential services such as electricity, heat, and running water.
In addition, Landlords must also comply with all federal, state, and local fair housing laws, which prohibit discrimination on the basis of race, color, national origin, religion, sex, familial status, and disability.
It’s important to note that landlords must also follow the lease agreement and state laws regarding security deposit, notice for entry, and eviction procedures.
In Kansas, are landlords required to offer air conditioning?
In Kansas, a landlord is required to provide heat, but not air conditioning. But if they offer air conditioning, they have to keep it working. Verify the cleanliness of the rental and look for any damage to the walls, flooring, or other objects.
How much can a landlord raise the rent in Kansas?
Kansas landlord-tenant law does not place any restrictions on the amount or frequency of rent increases. There is one guideline since an increase in rent is akin to being evicted. If the lease is month-to-month, landlord is required to give the tenant written notice of any rent increases at least 30 days before the day on which they are due to take effect.
Can a tenant withhold rent in Kansas?
Under the repair and deduct statute in Kansas, there is a specific circumstance in which a tenant may withhold rent. If the landlord fails to address essential repairs, the tenant has the option to proceed with the repair and deduct method. This means that the tenant can arrange and pay for the necessary repairs themselves, and then subtract the cost from their upcoming rent payment.
Disclaimer: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.
Feel free to ask Kansas law questions in our State Laws Forum, and view our other Kansas rental resources page as well.