State Rules and Regulations for Kansas Rental Properties and Landlords
In Kansas, if a written or oral lease or a landlord accepts regular rent payments, then according to Kansas Law (Kansas Residential Landlord & Tenant Act) a renter has certain rights, including the right to a habitable dwelling, and the right to due process before evictions.
Landlords also have certain rights, including the right to collect rent in a timely manner and be reimbursed for costs from damages that exceed normal wear and tear.
Kansas Official Rules and Regulations
- Kan. Stat. Ann. §§ 58-2501 – 58-2573 – Kansas Residential Landlord & Tenant Act
- Kan. Stat. Ann. §§ 58-25-100 – 58-25-126 – Kansas Mobile Home Parks Residential Landlord and Tenant Act
Once the tenancy has begun, the tenant must conduct a joint inspection of the property with the landlord (or landlord’s agent) within five days. Both parties shall sign and keep a copy of the property inspection report. [K.S.A. 58-2548]
The Kansas Landlord Tenant Act requires the landlord to maintain the property in a safe and habitable condition. It also requires the tenant to keep the property in a clean and safe condition.
If Landlord Fails to Maintain Property
If the landlord fails in his or her responsibilities, the tenant has two choices:
1. The tenant can move out (if it affects the tenant’s health and safety)
The tenant must give the landlord a written notice stating the problem and giving the landlord 14 days to fix it, or else the tenant will move out in 30 days. If the problem is fixed within 14 days (of the landlord receiving this notice), the tenancy will continue.
If the landlord commits a similar violation within 14 days, the tenant can terminate the tenancy with a written 30 day notice stating the violation date and details. In this case, the termination shall be unconditional and the landlord won’t be given the chance to correct his or her violations. [K.S.A. 58-2559.(a)(1)]
2. The tenant can sue the landlord for damages
If the landlord violates the rental agreement or Kansas landlord tenant law, the tenant can sue the landlord for damages and obtain obtain a court order (that requires the landlord to do, or stop doing something).
Security Deposits and Kansas Regulations
- Standard Limit/Maximum Amount – 1 month (furnished), 1 ½ month’s rent (unfurnished), ½ month’s rent (pets).
- Time Limit for Returns – 14 with request, 30 days otherwise.
- Penalty if not Returned on Time – If a landlord wrongfully withholds a security deposit then they could be required to pay up to 1.5 times the original amount as a penalty.
- Allowable Deductions – missing rent, repairs for damages that exceed wear and tear.
- Failure to Comply: If the landlord fails to comply with the rules governing the return of the security deposit, the 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. (Kan. Stat. Ann. §§ 58-2550(c))
- Pet Deposits: In addition to a security deposit, landlords may charge a pet deposit totaling no more than one-half of one month’s rent. (Kan. Stat. Ann. §§ 58-2550(a))
Lease, Rent & Fees Under Kansas Law
- Rent Is Due: Unless otherwise agreed to in the lease, rent is due at the beginning of any term of one month or less (Kan. Stat. Ann. §§ 58-2545(c)).
- Rent Increase Notice: As stated in the lease (Kan. Stat. Ann. §§ 58-2545).
- Rent Grace Period: No statute.
- Late Fees: As stated in the lease (Kan. Stat. Ann. §§ 58-2545).
- Prepaid Rent: No statute.
- Returned Check Fees: $30.
- Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): There is no statute allowing tenants to withhold rent, but for landlord violations of the lease or statutory landlord duties, the tenant may terminate the agreement with 30 days’ written notice that provides the landlord with 14 days to remedy the violation. See statute for further details (Kan. Stat. Ann. §§ 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 (Kan. Stat. Ann. §§ 58-2547(3)).
- Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes (Kan. Stat. Ann. §§ 58-2565(c))
- Abandonment/Early Termination Fee: There is no statute for abandonment/early termination fees, but if the tenant abandons the rental unit and leaves personal property, the landlord may take possession of the property, store it at the 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. (Kan. Stat. Ann. §§ 58-2565(d))
Evictions in Kansas
Kansas landlords may evict tenants for the following reasons:
- Nonpayment of rent – if a tenant fails to pay rent within the first three months, then the landlord may issue a 3-Day Notice to Pay or Quit. If the tenant has rented for more than 3 months the landlord may file a 10-Day Notice to Pay or Quit. In both cases, if rent goes unpaid then the landlord can pursue formal eviction.
- Violation of lease terms – if a lease violation occurs, then landlords may issue a 14/30-Day Notice to Cure or Quit. The tenant must fix their behavior within 14 days. If they fail to do so then they must move out in the next 30 days.
- Illegal acts – Kansas landlords have generally broad authority to determine which illegal acts are grounds for eviction. If an illegal activity occurs, the landlord may pursue immediate eviction.
At-will tenants are entitled to at least 30 days’ notice before eviction. Also, landlords are prohibited from evicting as retaliation for reporting violations or joining a tenant union, and for discriminatory reasons.
State Agencies & Regulatory Bodies
- U.S. Department of Housing and Urban Development – Kansas
- [ GUIDE ] Kansas Tenants Handbook (Kansas Legal Services)
- Landlord & Tenant Resources (Republic County Economic Development Corp.)
- Kansas Insurance Department
- Homeowners/Renters Insurance Shopper’s Guide (pdf) (Kansas Insurance Department)
- Kansas Business Center (Kansas.gov)
- Kansas Housing Resources Corporation
- Kansas Real Estate Commission
- Bonner Springs Housing Authority
- Galena Housing Authority
- Garden City Housing Authority
- Kansas City, Kansas Housing Authority
- Lawrence-Douglas County Housing Authority
- Salina Housing Authority
- Sedgwick County Housing Authority
- Topeka Housing Authority
- Wichita Housing Authority
Realtor and Landlord/Tenant Associations
- Kansas Association of REALTORS®
- REALTORS® of South Central Kansas
- Kansas City Regional Association of REALTORS®
- Manhattan Association of REALTORS®
- Apartment Association of Greater Wichita
- The Apartment Council of Topeka
- Apartment Association of Kansas City
- Lawrence Apartments Association
- Shawnee County Landlords Association