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?
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.
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.