Kansas Landlord Tenant Laws

Contents

DISCLAIMER

This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.

Overview

DEPOSIT

  • The maximum security deposit is equal to 1.5x months rent.
  • Landlords must return the security deposit to the tenant within 14 days of calculating any deductions and no later than 30 days total after the tenant moves out.
  • Landlord must provide an itemized list of any deductions made from the deposit.

RENT CONTROL

  • There are no rent control laws in Kansas.
  • Landlords must give at least 30 days' written notice to tenants before raising rent.

NOTICE OF ENTRY LAWS

  • Landlords are expected to give 'reasonable notice' and only enter the dwelling during reasonable hours.

RE-KEYING LAWS

  • No statute.

RENTAL AGREEMENT

  • Both oral and written lease agreements are allowed in Kansas.
  • However, verbal agreements may prove hard to enforce, especially for lease of more than 1 year.
  • It is always recommended to have rental agreements in writing.

LATE FEES & GRACE PERIODS

  • There is no cap on late fees in Kansas, however, any late fees must be clearly stipulated in the lease agreement.
  • There is no mandatory grace period in Kansas.

SMOKING LAWS

  • Landlords are permitted to restrict smoking in their rentals under Kansas law.

PET LAWS

  • Separate pet deposits are allowed in Kansas. However, they cannot exceed 0.5 times the monthly rent.

SECTION 1

Kansas Landlord-Tenant Rights and Responsibilities

The Kansas Residential Landlord & Tenant Act outlines all the provisions that govern landlord-tenant relationships in the state. Some of these provisions include the rights and obligations of all Kansas renters and landlords.

Below is an overview of some of the rights and responsibilities of both landlords and tenants in Kansas.

Tenant’s Rights and Responsibilities

Tenant’s Rights

Under Kansas law, tenants have the right to:

  • Peaceful enjoyment of the rented property without needless disturbance or infringement of one of their rights.
  • Having requested repairs completed by the landlord in a reasonable amount of time.
  • Reside in a livable apartment that conforms to building, health, and safety regulations in the state.
  • Receive proper notice before the landlord or their representatives access the space they have rented.
  • Get prompt notification of any modifications made to their lease or agreement.
  • Proper procedures are being followed by the landlord during eviction.
  • Take legal action, such as filing a complaint or withholding rent, when their landlord neglects their obligations without any retaliatory response from landlords.

Tenant’s Responsibilities

In addition to these rights, Kansas tenants are obligated by law to:

  • Promptly pay rent each month or any other required fees, as outlined in the lease agreement.
  • Adhere to all clauses in the rental agreement or lease. This includes following all rules, including those pertaining to pets or subletting, if applicable.
  • Notify their landlords in writing if they want to vacate the apartment before the lease expires.
  • Inform their landlords of any maintenance problems that arise promptly.
  • Maintain the rented unit in a safe and habitable manner.
  • Keep noise level in a respectable range and not disturb other renters or neighbors.

Landlord’s Rights and Responsibilities

Landlord’s Rights

Landlords in Kansas have the following rights under Kansas law:

  • The right to receive prompt notice of any maintenance issues on the rental space from tenants.
  • The right to be notified by the tenant of any intention to leave a lease early.
  • The right to modify the terms of the lease as long as they notify the renters in advance.
  • The right to the rented unit in certain situations, such as when conducting inspections or show-offs, carrying out pre-agreed repairs, etc. However, landlords might be required to provide tenants with a 25-hour notice prior to entry.
  • The right to request their renters follow specific rules, which must be included in the lease agreement.

Landlord’s Responsibilities

As regards their obligations, Kansas landlords have the following to do:

  • Comply with the regulations governing eviction proceedings when a tenant violates a contract and has to be evicted.
  • Observe all conditions of the lease, including the rent-related ones.
  • Show equity, justice, and respect to their renters.
  • Provide proper notice to tenants before entering the rental property.
  • Perform all requested repairs and maintenance within a fair amount of time.
  • Obey the building, health, and safety regulations set forth by the state.
  • Ensure that renters have quiet enjoyment of the rented units.

Required Notices Before Entry

Are landlords in Kansas required to give notice before entering the property?

Yes. Kansas landlords are required to give tenants "reasonable notice” before entering the rented property and only enter the property during reasonable hours. (Kan. Stat. Ann. §§ 58-2557)

Generally, reasonable notice is considered at least 24 hours notice and ‘reasonable’ hours is during working hours during the week. Additionally, the landlord must have a valid reason to enter the property.

Are landlords in Kansas allowed to enter the property to conduct maintenance and repairs?

The landlord has the right to enter a rented home to carry out maintenance tasks, carry out inspections, decorate, add or renovate as needed, and/or offer services. But before they enter, they have to give the tenant at least 24 hours' notice. (Kan. Stat. Ann. §§ 58-2557)

Late Fee for Rent and Grace Periods in Kansas

While there is no legal cap on late fees in Kansas, however, if a landlord wants to charge a late fee it must be specifiedin the lease agreement. (Kan. Stat. Ann. §§ 58-2545).

There is no mandatory grace period in Kansas.

Additionally, the landlord may levy a service fee of no more than $30 if a renter makes a payment that "bounces" due to inadequate funds.

Source: Landlord Handbook Rights & Responsibilities, Tenant Issues and Rights for Kansas Renters.

SECTION 2

Kansas Rent Increase Laws

Does Kansas Have Rent Control Laws?

Kansas does not have rent control; therefore, landlords are free to raise rent by any amount as long as it doesn't conflict with the terms of the current lease. However, landlords are expected to ensure rent increases are fair and reasonable.

Notice Required to Raise Rent in Kansas

While there’s no cap on the amount a landlord can raise rent in Kansas, they are required to provide adequate notice to tenants before the increase.

In general, landlords must give at least 30 days' written notice to tenants before raising rent, according to Kansas Statute Section 58-2504. If the rental property is a mobile home, the required notice is 60 days (KS Stat Section 58-25-109).

Limitations to Kansas Rent Increase Laws

Kansas law prohibits landlords from raising rent if:

  • The rent increase is deemed a retaliatory action towards a protected tenant action, such as filing a complaint against the landlord.
  • Landlords cannot raise rent during the lease unless the rental agreement specifies otherwise.
  • Landlords cannot increase rent to discriminate against one of the Fair Housing Act's protected classifications.

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SECTION 3

Kansas Rental Agreement Laws

According to Kansas law, a formal lease agreement is required to establish a landlord-tenant relationship. The lease helps safeguard the landlord’s property by outlining guidelines that renters must abide by. It also establishes conditions for security deposits, rent payments, and other costs.

Furthermore, the lease agreement is admissible in court and acts as evidence in the event of a dispute.

Are Oral Lease Agreements Allowed In Kansas?

Yes, verbal lease agreements are generally enforceable in Kansas. However, this comes with some caveats. While a verbal agreement is technically enforceable in Kansas law, proving its terms and existence in court can be challenging. Additionally, certain addendums such as late fees cannot be enforced unless they are specified in a written lease agreement.

Another important factor to consider for verbal agreements in Kansas is the statute of frauds. This legal principle mandates that certain types of contracts must be in writing to be enforceable. In Kansas, contracts that require a written form include those related to the sale of real estate, agreements that cannot be fulfilled within one year, and promises to pay another person's debts.

What Should Be Included in a Kansas Lease Agreement?

Here are some of the key components that should be included in a Kansas lease agreement to ensure a smooth and fair rental experience for all parties involved.

  • Details of both parties involved.
  • Description of the property and relevant disclosures
  • The lease terms and conditions
  • Details concerning rent and security deposit(s)
  • Both parties’ responsibilities concerning maintenance and repairs
  • Details about available utilities and services, with both parties’ responsibilities concerning maintenance.
  • Conditions surrounding early termination and lease renewal
  • Additional clauses regarding rent increase, subletting, property use, renovation, and alterations.

Free Resources: Kansas Lease Agreement | eForms

Source: State of Kansas | Kansas Department of Administration (.gov)

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SECTION 4

Kansas Tenant Deposit Laws

What is the Maximum Security Deposit Limit in Kansas?

In Kansas, there is a cap on how much security deposits landlords can demand from their tenants. The exact amount is determined by how furnished or unfurnished the unit is.

For furnished rental units, the maximum security deposit the landlord can charge is 1.5 times the rent. If the unit is unfurnished, the landlord can only collect a deposit that is no more than one month's worth of rent. (Kan. Stat. Ann. §§ 58-2550(a))

Are Pet Deposits Allowed In Kansas?

Kansas landlords are allowed to charge a separate pet deposit for tenants who plan to bring their pets to the rental property. However, there’s a cap on the amount a landlord can charge for this fee. Pet deposits in Kansas cannot exceed 0.5 times the monthly rent. (Kan. Stat. Ann. §§ 58-2550(a))

Additionally, it’s important to note that landlords cannot charge pet deposits for tenants who have service and/or emotional support animals.

What Can Landlords Deduct From the Security Deposit In Kansas?

Landlords in Kansas are permitted to make certain deductions from a tenant’s security deposit to cover:

  • Unpaid rent or utility fees
  • Damages beyond normal wear and tear

(Kan. Stat. Ann. §§ 58-2550(b))

Do Landlords Need To Provide an Itemized List Of Security Deposir Deductions In Kansas?

Yes. In the case where a landlord makes deductions from the security deposit, landlords are expected to provide the tenant with a written notice in advance. This notice is expected to include an itemized list detailing what the deductions are for and their total amount. (Kan. Stat. Ann. §§ 58-2550(b))

How Must Landlords Hold Security Deposits In Kansas?

According to Kansas law, landlords are required to keep tenants' security deposits in a specific manner.

Landlords are required to keep the deposit in a separate account to avoid mixing it with personal funds. Additionally, the financial or banking institution where the deposit is to be stored must be federally insured.

How Long Do Landlords Have To Return Security Deposits In Kansas?

If a landlord plans to keep part of the security deposit to cover expenses, damages, or other charges (besides rent) allowed by the lease, they must return the rest of the deposit to the tenant within 14 days of figuring out those costs and no later than 30 days total after the tenant moves out, hands over the keys, and asks for the deposit back.

If the tenant doesn't ask for the deposit within 30 days after moving out, the landlord has to send the remaining deposit to the tenant's last known address. (Kan. Stat. Ann. §§ 58-2550(b))

Failure to return the deposit to the tenant can result in serious legal issues. If the court determines that the deposits were wrongfully withheld, the landlord could be liable to pay up to 1.5 times the amount withheld plus other expenses.  (Kan. Stat. Ann. §§ 58-2550(c))

Do Landlords Need To Pay Security Deposit Interest In Kansas?

Kansas does not require landlords to store security deposits in an interest-bearing account. As such, landlords are not required to pay interest to tenants on kept deposits.

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SECTION 5

Kansas Eviction Process and Law

Landlords in Kansas have to follow the state's eviction process when trying to legally evict a tenant or a squatter. The Kansas landlord-tenant law prohibits landlords from using “self-help” fixes, like locking the doors, during evictions.

Grounds for Eviction in Kansas

Landlords cannot evict tenants without a valid cause; every eviction process in Kansas must be supported by legal justification. Here are some of the typical reasons for which a landlord in Kansas could start evicting tenants:

Failure by the tenant to pay rent

One of the primary responsibilities of tenants is to pay rent on time. Landlords in Kansas may start the eviction process against their tenants if they default on rent payments.

The tenant violates the provisions in the lease agreement.

All Kansas renters are required by law to follow the conditions of the lease agreement as specified by the landlord. This can include rules set by the landlord on subletting, smoking, maximum occupancy, pets, and other matters.

A lease violation, such as when a tenant subleases the apartment illegally, is sufficient justification for a landlord to start the eviction process in Kansas.

The tenant doesn’t move out after the lease ends.

According to the provision in the lease, a tenant is required to vacate the property after the expiration of the tenancy. Tenants who continue to stay afterwards are known as holdover tenants. If a landlord decides not to renew the lease for another term, they can begin the Kansas eviction process after the written notice period has passed.

Kansas Eviction Notice Requirements

The initial step in any eviction process is for the landlord to serve the tenant with a proper written Kansas eviction notice if they have valid grounds to begin the eviction process. Here is an overview of the most common eviction notice requirements in Kansas:

  • Notice Required To Terminate Lease For Nonpayment of Rent - Tenancies Longer than Three Months: 10 days’ written notice. The tenant may prevent termination by paying the outstanding rent within that time period (Kan. Stat. Ann. §§ 58-2507)
  • Notice Required To Terminate Lease For Nonpayment of Rent - Tenancies Shorter than Three Months: 3 days’ written notice. The tenant may prevent termination by paying the outstanding rent within that time period (Kan. Stat. Ann. §§ 58-2508)
  • Notice Required To Terminate Lease For Lease Violations - 1st offence: If a tenant violates the lease agreement  or statutory tenant duties, the landlord can issue a 30 day written notice to terminate the lease agreement. This notice must describe the lease violation and state that the lease will be terminated in 30 days time should the tenant not resolve the issue within 14 days. (Kan. Stat. Ann. §§ 58-2564)
  • Notice Required To Terminate Lease For Lease Violations - 2nd offence: If a second violation occurs within six months of the first, the landlord can terminate the lease with a 30-day written notice, specifying the breach and the termination date—this time without giving the tenant the opportunity to correct the issue. (Kan. Stat. Ann. §§ 58-2564)

Kansas Eviction Process

Every eviction in Kansas goes through the same procedure:

  • The tenant receives written notification of infractions from the landlord.
  • The landlord lodges a court lawsuit regarding unsolved infractions.
  • Tenant receives a summons and complaint from the court.
  • After a hearing, the court renders a decision.
  • A reparation writ is issued.
  • Property returned to the landlord by the sheriff

Source: What to do about eviction | Kansas Legal Services

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SECTION 6

Kansas Rental Application Laws

Below is an overview of some of the statutes relating to rental application laws in Kansas.

Maximum Application Fee Limit In Kansas

Landlords in Kansas are permitted to request and collect an application fee from prospective tenants. There’s no limit to how much a landlord can charge as an application fee in Kansas; however, the charge is expected to not exceed the actual costs of screening checks done.

Additionally, it’s important to note that the application fees are non-refundable, and landlords are required to inform prospective renters about them.

Rental Applications & The Fair Housing Act in Kansas

Landlords in Kansas are required to follow both federal and state anti-discrimination laws when screening new tenants. According to federal fair housing laws, landlords are prohibited from treating tenants unfairly on the basis of race or color, religion, national origin, age or familial status, handicap or disability, or sex (including gender identity and sexual orientation).

Tenant Screening Laws In Kansas

To determine whether to accept an application from a prospective tenant, a landlord may use a tenant screening report, which may contain a credit check, criminal background report, job history report, or rental history record.

Landlords are allowed to recoup the full cost of running a tenant screening report from the tenant.

However, landlords are required to get the applicants' permission before they can conduct these checks. Ideally, landlords can have applicants sign and affix a consent-seeking form to their application.

Rejecting a Rental Application In Kansas

Federal law (The Fair Credit Reporting Act) mandates that landlords inform tenants of any adverse action taken against them in the event that their application is rejected. This (adverse action notice) is meant to inform the applicant that:

  • Their application was not approved.
  • The particular reason(s) behind the rejection
  • Any credit reporting agencies used in the decision-making process, along with their name and email address.

What to Include in a Rental Application in Kansas

To make the rental application process effective, here is a list of crucial requests to include in your Kansas rental applications:

  • Personal information
  • Details about employment, such as the name of a current employer
  • Income details
  • Personal references
  • Credit history
  • Rental history
  • Space for signatures granting written consent for a credit check

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SECTION 7

Kansas Laws Around Breaking a Lease for Landlords and Tenants

Most landlords in Kansas demand that their renters sign a lease before moving into the rental property. The lease contains various obligations for both parties and is legally binding for a predetermined amount of time. When the renter vacates the property before the lease period ends, it's considered breaking the lease.

Breaking a lease in Kansas usually attracts penalties; however, there are certain situations where tenants are legally permitted to break their leases.

Notice Requirements to End a Rental Lease in Kansas

  • Notice to Terminate Tenancy with a Fixed End Date: No notice is required as the lease simply expires. (Kan. Stat. Ann. §§ 58-2509)
  • Notice to Terminate An Annual Lease: Year-to-year tenancies may be terminated with 30 days written notice prior to the end of the year. (Kan. Stat. Ann.§§ 58-2505)
  • Notice to Terminate A Month-to-Month Lease: 30 days written notice prior to a periodic rent-paying date, unless the tenant is in U.S. military service and termination of the tenancy is necessitated by military orders. If that is the case, a minimum 15-day written notice is required. (Kan. Stat. Ann. §§ 58-2570(b))
  • Notice to Terminate A Week-to-Week Lease: Seven days written notice prior to the termination date specified in the notice (Kan. Stat. Ann. §§ 58-2570(a)).

Legally Valid Reasons for Breaking a Lease in Kansas

Here are a few situations in which a Kansas tenant may terminate the agreement without facing consequences:

The tenant was called for active military duty.

Tenants who are active-duty service members are allowed to break their lease agreement without having to pay any fees. The Servicemembers Civil Relief Act (SCRA) provides protection to active service members who are permanently moved or get a change of station.

The tenant uses an early termination clause.

Landlords can include an early termination clause in the lease agreement to allow tenants to terminate the lease early under specified circumstances. However, this clause usually requires tenants to pay a fee equal to two months' worth of rent.

Additionally, this clause requires tenants to provide a 30-day notice to the landlord indicating their intention to vacate.

The rental unit isn’t habitable.

Kansas, as well as other states, have specific health and safety requirements for rental properties.

If the rental property doesn't comply with the state's health and safety regulations, a court would decide that the landlord has "constructively evicted" the renter. This means the tenant doesn't have to adhere to their lease responsibilities and can choose to vacate without continuing to pay rent.

The tenant is being harassed by the landlord.

Tenants may terminate their lease due to landlord harassment if the behavior is severe enough. Actions like turning off essential utilities, not making necessary repairs on time, or attempting to remove the tenant illegally would count as harassment.

The tenant’s privacy was violated.

Landlords in Kansas are obligated to provide their renters with advance notice before making any changes to their rental property. No statute specifies the precise duration, but the notice period needs to be appropriate. "Reasonable" notice is defined as providing at least 24 hours' notice.

SECTION 8

Kansas HOA Laws

Below is an overview of some Kansas HOA laws that often apply to homeowner associations in the state:

Kansas Uniform Common Interest Owners Bill of Rights Act

The Kansas Uniform Common Interest Owners Bill of Rights Act is outlined in Chapter 58, Article 46 of the Kansas Statutes. This act provides regulations that unit owners and HOAs must adhere to in order for community organizations in Kansas to function properly. (Kansas Uniform Common Interest Owners Bill of Rights Act)

Kansas Townhouse Ownership Act

All provisions pertaining to the creation, operation, and management of townhouse owner associations are covered in the Kansas Townhouse Ownership Act. By including a statement in its CC&R, an organization specifically chooses to be subject to the regulations set forth by this law. (Kansas Townhouse Ownership Act)

Kansas Act Against Discrimination

In Kansas, discrimination against homeowners is prohibited, and both current and prospective homeowners are safeguarded by a number of fair housing regulations.

Among these is the Kansas Act Against Discrimination. This legislation protects the public's right to equitable housing opportunities without regard to factors such as race, gender, ancestry, color, familial position, religion, or country of birth.

Homeowners can file a complaint with the Kansas Human Rights Commission or the Housing and Urban Development Department if they believe they have been the victims of housing discrimination. They can also decide to file a private case in a federal or state court. ( Kansas Act Against Discrimination)

Kansas Corporations Code

The Kansas Corporations Code provides specific rules for an association that has been organized as a nonprofit, pertaining to its organizational structure and procedures.

You can get in touch with the Kansas Secretary of State to verify a HOA's corporate status. (Kansas Corporations Code)

Kansas Apartment Ownership Act

This act regulates the possession, management, and activities of entities that interact with apartment owners.

By submitting a statement to the local Register of Deeds office in the area where the apartment or condominium complex is located, these associations expressly choose to be subject to the regulations set forth by this act. (Kansas Apartment Ownership Act)

Kansas Consumer Protection Act

Creditors and debt collectors are prohibited by the Kansas Consumer Protection Act from using dishonest or unethical tactics to recover a debt. This act offers similar protection that is contained in the federal Fair Debt Collection Practices Act (FDCPA). (Kansas Consumer Protection Act)

SECTION 9

Kansas Squatters Rights Laws

According to Kansas law, squatters can claim ownership rights to the property on which they are squatting after residing there for a specific amount of time. In Kansas, squatters wishing to assert an adverse possession claim must have lived on the land for at least 15 years. (KSS § 60-503).

Kansas adverse possession laws, however, specify additional requirements in addition to the 15-year lease.

Requirements to Make an Adverse Possession Claim

Adverse Possession laws require a squatter to meet several standards before they may file an adverse claim against a piece of property. These includes:

Actual Possession

This necessitates that the squatter live on the property. Additionally, they have to maintain and improve the property as though they were the real owners.

Open and Notorious Possession

The squatter is required by this notion to clearly demonstrate their possession. It should be evident to neighbors and other members of the community that there is a squatter residing on the property.

Exclusive Possession

Laws pertaining to Adverse Possession additionally mandate that the squatter asserting the claim does not assert possession alongside other individuals. They have to be the only ones using the property.

Continuous Possession

The squatter must have lived on the land continuously for a certain amount of time in order to file an adverse claim. Different states have minimum occupation requirements. The minimum tenure requirement in Kansas is fifteen years.

This time frame needs to be continuous. In other words, the squatter cannot abandon the property at any time and then go back to reclaim it at a later time.

Hostile Claim

Hostile in this sense does not imply unfriendly. Instead, it indicates that the squatter is violating the rights of the legitimate owner by occupying the land. Three legal definitions of "hostile" exist in Kansas: "simple occupation," "awareness of trespassing," and "good faith mistake."

Kansas uses the definition of simple occupation which defines hostile as the simple act of occupying land. The premise of simple occupation is that the trespasser is unaware of the rightful owner of the property.

SECTION 10

Kansas Landlord Tenant Legal Resources

Below, you’ll find some helpful Kansas landlord–tenant law resources:

Documents and Forms

Legal Resources

Kansas State Agencies & Regulatory Bodies

Kansas Housing Authorities

Kansas REALTORS® Associations

Kansas Landlord Associations

DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.