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Kansas Landlord-Tenant Laws

Kansas Landlord Tenant LawsThis article is intended to be an online resource for Kansas landlords.  We summarize key Kansas Landlord-Tenant laws that are most applicable to residential rental units.

This article is not qualified legal advice.  Individuals seeking guidance need to work with a legal advisor who is qualified in the jurisdiction.  Kansas Landlord Tenant Laws and statutes may vary from county to county or city to city, this article provides state level laws and statutes. 

Also, laws and statutes are subject to change and may cause sections of this article to be outdated.  We provide links to assist landlords and tenants to the state statute page for further research.

Click here if you are seeking renters insurance in Kansas.

 

Quick Facts for Real Estate Investors Considering Kansas

Kansas landlord-tenant laws are considered Landlord-friendly.

There are 2.9 million residents in Kansas.  Major metropolitan markets in Kansas are:

  1. Kansas City: Estimated population of 893,528, which 27% of residents are renter occupied.  Average rent is $832.
  2. Wichita: Estimated population of 640,218, which 35% of residents are renter occupied.  Average rent is $789.
  3. Topeka: Estimated population of 231,969, which 32% of residents are renter occupied.  Average rent is $763.
  4. Manhattan: Estimated population of 130,285, which 47% of residents are renter occupied.  Average rent is $891.
  5. Lawrence: Estimated population of 122,259, which 49% of residents are renter occupied.  Average rent is $884.

 

 

 

SECURITY DEPOSIT LAWS IN KANSAS

 

Does Kansas require security deposits? 

Kansas does not require security deposits.

 

Is a security deposit receipt required in Kansas? 

Kansas does not require landlords to provide a receipt of security deposit.  Although it is good practice to provide a receipt.

 

How much security deposit can a landlord charge in Kansas? 

Landlords cannot charge more than 1 month of rent for unfurnished, or 1-1/2 month’s rent for furnished.  (§§ 58-2550(a))

 

 

Storage Requirements for Security Deposits in Kansas: 

No Statute.

 

 

Can security deposits be commingled with other assets in Kansas? 

Landlords are allowed to commingle. 

 

Do landlords have to pay interest on security deposits in Kansas? 

Kansas does not require landlords to pay interest on deposits.

 

When must a landlord return the deposit by in Kansas? 

In Kansas, landlords have 14 days to return the balance of the security deposit after determining the amount of expenses, damages and other charges.  In no event can a landlord hold onto the possession 30 days after move-out.  (§§ 58-2550(b))

 

When can a landlord in Kansas withhold security deposit?

At the end of a lease, the landlord is required to return the tenant’s security deposit.  However, landlords may withhold all or portions of a tenant’s security deposit if (§§ 58-2550(b)):

 

  • Unpaid rent and/or fees
  • Damages caused from tenants noncompliance of their duties
  • Damage in excess of normal wear and tear

 

 

 

Nonrefundable fees: 

No Statute.  Landlords can charge any non-refundable fees they deem fit.

 

Pet Deposits and Additional Fees:

Kansas does allow landlords to charge an additional pet security deposit of one-half of monthly rent.  (§§ 58-2550(a))

 

Require written description / itemized list of damages and charges?

No Statute.   Landlords are not required to provide written and itemized list of damages.

 

What happens to Kansas landlords that fail to comply returning the security deposit?

Landlords that failure to comply with state law for returning security deposit can be sued by the tenant.  Tenants may recover the portion of deposit due plus damages equal to 1-1/2 the amount wrongfully withheld.  (58-2550(c))

 

 

 

 

 

 

 

RENTAL AGREEMENT LAWS IN KANSAS

 

Rental agreements required in Kansas:

Rental agreements are required for leases 12 months or longer.  We always recommend having a legal lease agreement to prevent future complications.

If you need a lease, Burbz offers an online Kansas rental lease agreement.

 

What are the required lease provisions in Kansas?

Kansas requires certain provisions to be included in the lease agreement.  Besides both the landlord and tenant names, the landlord should also list:

  • Rent Amount and Due Date
  • Security deposit amount and terms
  • Process for requesting maintenance and repairs
  • Length of the lease agreement
  • Subleasing policy
  • Late Fees and Penalties
  • Landlord’s responsibilities for maintenance and utilities
  • Tenant’s responsibilities for maintenance and utilities
  • Pet policies
  • Cleaning Fees
  • Other fees

 

Landlords cannot include:

  • Authorizing a person to confess judgment on a claim arising out of the rental agreement
  • Tenant agrees to pay the landlord’s attorney fees
  • Tenant agrees to limitation of any liability or indemnifying the landlord or costs connected

 

 

 

What are the rental agreement notice requirements in Kansas: 

Fixed-End or Year-to-Year: Leases simply expire upon the stated date for fixed-end, no notice required.  Year-to-Year leases that renew require a 30 day notice.  (§§ 58-2509)

Month-to-Month: At least 30 days. Active duty military can provide a 15-day notice and received orders.  (§§ 58-2570(b))  Read our guide on Month-to-Month rent.

Week-to-Week: At least 7 days. (§§ 58-2570(a))

 

 

What happens when the tenant remains without consent after the rental agreement expires or terminates?

Kansas allows the landlord to bring an action for possession.  Landlord can recover the greater of 1-1/2 months’ periodic rent or 1-1/2 times the actual damages sustained.  (§§ 58-2570(c))

 

 

Does the lease automatically renew in Kansas? 

Leases terminate upon expiration, unless stated in the lease.

 

Rent Increase Notice:

Landlords can include terms in the lease agreement to define this process.  (§§ 58-2545)

 

Rent Grace Period for Residential:

Kansas has no statute on grace periods.  Landlords may proceed with Quit-Or-Pay notices the following day that unpaid rent was due.

 

 

Prepaid Rent:

No Statute.  Landlords may accept prepaid rent.

 

 

 

 

 

 

LATE FEES AND LIMITS IN KANSAS

Late Fees for Residential:

Kansas does not define late fees limits and restrictions.  Landlords may add terms to the lease.

 

 

 

 

KANSAS LEASE TERMINATIONS / NOTICES TO QUIT

 

In Kansas, lease agreements between landlords and tenants can be terminated.  Read our blog for landlords about handling early lease terminations.  Here are the cause and effects:

 

What is the Pay or Quit for Nonpayment requirement in Kansas?

Kansas requires a 10 day notice to pay rent, providing a Pay-Or-Quit Notice. (§§ 58-2507)

For tenancies shorter than 3 months, landlords are required to provide a 3 day written notice.  (§§ 58-2508)

 

How many days must a landlord allow before terminating for a Lease Violation?

Landlords must provide a 30 day notice to cure, allowing the tenant to remedy the issue within 14 days.  If the same act or omission recurs within 6 months, the landlord may terminate the rental agreement with a 30 day written notice without the opportunity to remedy.  Landlords must describe the violation in a written notice.  (§§ 58-2564)

 

 

Kansas allows immediate lease termination if the tenant is responsible for:

Landlords can terminate the lease agreement if the tenant breaches the same act in the rental agreement within a 6 month period.  Landlords must provide a 30 day notice to leave the premises.  (§§ 58-2564)

 

 

 

How many days when terminating for illegal drug-related activities?

No Statute.

 

 

 

 

KANSAS LAWS ON REPAIRS

 

Kansas requires landlords provide a habitable property for tenants to live and enjoy.  There are specific provisions defining how tenants can remedy repairs if the landlord fails to do so.  

How many days must the tenant give for non-emergency repairs? 

Tenants must provide written notice 14 days before the rent due date if they intend to withhold rent.

Can tenant withhold rent for landlords’ failure to provide essential services (i.e. water, heat, etc.)?

After giving a 14 day notice, tenants can deliver another written notice to the landlord describing the breach of agreement and state the lease shall terminate with the next rent payment.  (§§ 58-2559)

 

 

 

 

 

KANSAS LANDLORD RESPONSIBILITIES

What must the landlord provide in good and working order?

Kansas defines certain responsibilities for landlords, including (§§ 58-2553):

  • Must comply with all applicable building codes affecting health and safety
  • Make all repairs and do whatever is necessary to keep the property in a habitable condition
  • Must supply running water and reasonable amounts of hot water, at all times.
  • Maintain all electrical, plumbing, sanitary, HVAC and applies like elevators.

 

Do landlords have to provide appliances and services?

No Statute.

 

 

 

 

KANSAS TENANT LAWS AND RESPONSIBILITIES

 

Tenant must maintain a fit and habitable premise and is prohibited from intentionally or negligently damaging or removing any part of the premise.  Tenants must conduct themselves and others in a manner not to disturb the neighbor’s peaceful enjoyment of their premises. 

 

 

 

 

 

KANSAS EVICTION LAWS

 

Kansas requires a landlord to file an Eviction Case action to evict a tenant.  

Landlords may evict tenants for the following:

  • Unpaid rent
  • Breach of lease agreement
  • Tenant refuses to vacate the premises after lease expired

 

Can landlords do a ‘self help’ eviction?

In Kansas, it is illegal for landlords to attempt to evict a tenant not through a court order.  Tenants can report to the courts and landlords face fines.  Tenants may seek any remedy available under the current law.

Are landlords allowed to lock out tenants by changing locks?

Landlords cannot change locks.  Tenant can be rewarded 1-1/2 month’s rent or the damages sustained, whichever is greater.  (§§ 58-2563)

Are landlords allowed to turn off utilities?

Landlords cannot change locks.  Tenant can be rewarded 1-1/2 month’s rent or the damages sustained, whichever is greater.  (§§ 58-2563) (§§ 58-2569)

 

Do landlords have to make a reasonable attempt to mitigate damages when re-renting the rental unit?

Yes.  Landlords have a duty to mitigate damages. (§§ 58-2565(c))

 

 

 

KANSAS LAWS ON RETALIATION

 

Kansas laws state a landlord cannot terminate a lease, refuse a lease renewal or raise rents when:

 

  • Tenant submitted, or threatened to, a complaint to government agency for building or health code violation
  • Tenant has sent written complaints to the landlords about repairs
  • Tenant has organized or joined a tenants’ union, or similar organization

 

Kansas does not define a period of time that would result in a retaliatory action. (§§ 58-2572)

 

 

 

 

LAWS ON DOMESTIC VIOLENCE, SEXUAL MISCONDUCT, AND SEXUAL ASSAULT

 

Kansas has no statutes to protect a victim of domestic violence, sexual assault, rape or stalking.  Burbz encourages landlords to work with these victims in good faith and help prevent or reduce the situation.  This includes changing locks or letting the victim out of their lease agreement to find a safer home.

 

Victims can call a 24-hour hotline: 1-888-363-2287

 

 

 

 

KANSAS LAWS FOR LOCKS AND LANDLORDS

 

Are landlords requested to change locks before new tenants:

No Statute.  Before new tenants moves in, landlords are not required to change the locks.  It is always recommended to do so.

 

 

Are landlords required to install any specific security device:

No Statute.

 

 

Do landlords have to change locks for domestic violence victims:

No Statute.

 

 

 

 

 

KANSAS PET LAWS & PET POLICIES

Kansas Landlord-Tenant Laws does not have any specific pet laws.  Landlords are legally allowed to create their own pet policies and requirements.  Including tolerance for breeds, size, types, and more.  Read our guide to pet policies.

 

 

Any limitations on pets that landlords can impose?

No Statute.

 

 

What are the max pet deposits in Kansas:

Landlords can charge an additional half months’ rent for pet security deposit.  (§§ 58-2550(a))

 

 

 

 

DO LANDLORDS IN KANSAS NEED A RENTAL LICENSE?

 

According to Kansas Landlord-Tenant Laws, landlords do not need a rental license in Kansas.

Landlords and owner of a residential rental property do not need to register the property.  Local cities may have different requirements, we recommend you research the local city specific laws.

 

 

 

 

 

NOTICE OF ENTRY LAWS IN KANSAS

Do landlords in Kansas have to provide notice of entry? 

Kansas require landlords to provide a reasonable notice at reasonable hours to the tenants.

  • Non-emergency maintenance and repairs
  • Improvements to property
  • Inspections
  • Showing prospective tenants, contractors, mortgagees or buyers.

 

When can a landlord enter without notice:

Landlords can enter without notice in the case of extreme hazard involving the potential of life or severe pretty damage.  (§§ 58-2557)

 

 

Can landlords enter for non-emergency maintenance and repairs?

Yes. (§§ 58-2557)

 

 

Can landlords enter for showings?

Yes. (§§ 58-2557)

 

 

 

Can landlords enter for emergencies without notice?

Yes. (§§ 58-2557)

 

 

Can landlords enter during Tenant’s extended absence?

Yes, during an absence greater than 30 days. (§§ 58-2558) (§§ 58-2565)

 

 

Can landlords enter for pesticide use?

No Statute.

 

 

 

 

KANSAS SUBLEASE AND ASSIGNMENT PROVISIONS

Is subleasing permitted?

Tenants can only sublease without permission if the lease is longer than 2 years.

 

 

Do you need the landlord consent?

If the lease includes a clause stating the landlord allows or requires consent.  Or, the lease is lease than 2 years.

 

 

Can the LL / lease prohibit subletting?

Yes, there is no statute.  Landlords should include language in their rental agreement to prohibit without approval.

 

 

 

 

TENANT ABANDONED PROPERTY IN KANSAS

 

Kansas Landlord-Tenant Laws does specific procedures that landlords must follow when tenants leave belongings.  Landlords must provide hold onto the property for 30 days and publish in the newspaper 15 days before the sale of property.

 

Can the landlords sell property to pay for outstanding debts?

Yes.  (§§ 58-2565(d))

 

What happens to excess proceeds?

Proceeds must be applied in this order (§§ 58-2565(e)) :

  1. Pay for reasonable expenses of taking, holding and preparing the sale of property
  2. Unpaid rent
  3. Landlords can retain the balance unless a secured creditor gave notice.

 

How long must landlords keep records of the sale for?

No Statute.

 

Landlord must store the tenant’s abandoned property where:

No Statute.

 

 

 

Are the landlords liable for damage?

No Statute.

 

 

 

 

REQUIRED RENTAL AGREEMENT DISCLOSURES FOR KANSAS LEASES

 

Kansas Landlord-Tenant Laws requires the following be included with all Rental Agreement Disclosures:

 

Lead Paint Disclosure:  Yes.  Federal law requires every landlord to disclose known information on lead-based paint and hazards.  Landlords must provide this EPA-approved pamphlet.

Landlord and Manager:  Must disclose the name and address of the landlord and manager of the property.

 

 

HELPFUL RESOURCES

Kan. Stat. Ann. §§ 58-2501 – 58-2573 – Landlord & Tenant Act

Kan. Stat. Ann. §§ 58-25,100 – 58-25,126 – Mobile Home Parks Landlord and Tenant Act

Kansas Insurance Department

U.S. Department of Housing and Urban Development – Kansas

Kansas Real Estate Commission

Housing and Credit Counseling Inc.

 

KANSAS RELATED COURT INFO & LINKS

Kansas Small Claims Court Limits:

$4,000 is the limit for small claims court.

 

 

Kansas Eviction Cases Allowed in Small Claims:

No. (§§ 58-2542)

Kansas Judiciary Courts

Kansas Attorney General

Kansas Bar Association

Kansas District Courts

 

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