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Kansas Landlord Tenant Law

Kansas Landlord Tenant Law

Kansas Landlord Tenant Law: An Overview

The relationship between landlords and tenants in Kansas is primarily governed by the Kansas residential landlord and tenant act (KRLTA) which was enacted to protect the rights and interest of both parties. The KRLTA outlines the responsibilities of both landlords and tenants and spells out the rights each party is entitled to within the tenancy cycle. Whether you’re a tenant or a landlord, it’s important to understand the basic Kansas landlord-tenant law to prevent misunderstandings and avoid legal battles.

This article presents an overview of the landlord tenant law in Kansas. We’ll start by exploring the basics of the tenant and landlord relationship, before moving on to the specifics such as lease agreements, rent, withholding and eviction.

Defining the Landlord-Tenant Relationship in Kansas

The landlord-tenant relationship is created when a landlord agrees to rent out a property to a tenant. In Kansas, a rental agreement can either be a written or verbal agreement. However, when a landlord and tenant have a written rental agreement, the terms of that agreement override any default Kansas landlord-tenant laws that might come into play in the absence of such an agreement. The lease agreement between landlords and tenants must specify all terms including the total amount of rent, payment due dates, the duration of the tenancy and any special terms or agreements between the parties.

Lease Agreements in Kansas

One of the most important aspects of the landlord-tenant relationship is the lease agreement. A lease agreement refers to a written contract between a landlord and a tenant which outlines the terms of the tenancy, including rent, security deposit, pet policies, duration, maintenance and utility arrangement. Landlords should endeavor to have a signed copy of the lease agreement sent to tenants, clearly specifying and outlining the different clauses agreed upon in the lease. This is instrumental in avoiding tenant disputes in the future.

Security Deposit Limits

In Kansas, landlords are allowed to charge up to one month’s rent as a security deposit from a tenant. This deposit is meant to cover any potential damages a tenant may incur on the property during their tenancy and is refundable when the rental agreement expires. It’s essential that tenants conduct a walk-through inspection with the landlord before signing the lease to point out any repairs necessary. This process can prevent misunderstandings and disputes over security deposit returns later.

Rental Payments in Kansas

Kansas law does not have any specific deadlines for rental payments. However, tenants are expected to pay rent within a reasonable time frame, typically within the first week or the first month of the rental period as specified by the lease. Late payments of rent can result in penalties which may include fees and even eviction at the landlord’s discretion as stated by the lease.

Rent Withholding in Kansas

Kansas law allows tenants to withhold rent in situations of major repairs or implications on the living conditions of the tenant. In such cases, the tenant must first notify the landlord of the failure to make repairs and give them reasonable time to complete the repairs. If the required repairs are not made within a reasonable time frame, the tenant may deduct the costs of fulfilling the repairs from the next month’s rent. To avoid any conflict, tenants must document all communication with their landlord during and after the repair issues.

Landlord’s Access to Rental Property

Under Kansas law, landlords are allowed to give a twenty-four-hour notice before accessing the rental property. During the notice period, the landlord should ensure that their arrival time is within reasonable hours such as between 8 am to 6 pm. The notice should include the date, time and reason for access.

Evictions in Kansas

Evictions in Kansas are governed by the Kansas residential landlord and tenant act. Kansas landlords are allowed to evict tenants for lease violations such as unpaid rent, subleasing without permission, and breach of contract agreements.

In cases where tenants violate the lease agreement, landlords are required to provide notice in writing with details of the lease violation and provide a reasonable amount of time for the tenant to rectify the situation. If the tenant does not remedy the situation within the specified time, the landlord can file a petition for eviction in court. The tenant will have an opportunity to defend the allegations and fight the eviction in court.

Kansas tenant rights

Tenants in Kansas have certain rights that must be respected by landlords throughout the tenancy period. Among these rights include:

– Right to habitable premises: A landlord must provide a safe, clean, and adequately maintained rental unit.
– Right to privacy: A landlord cannot access the rental unit without prior notice or consent from the tenant.
– Right to repair: In cases where the landlord fails to make necessary repairs, a tenant may withhold rent or repair and deduct rent.
– Right to security deposit: Tenants are entitled to a security deposit refund at the end of tenancy, except where there are legitimate deductions for unpaid rent, damages, or cleaning fees.

Conclusion

Understanding Kansas landlord-tenant law is crucial for both landlords and tenants, as it governs the entire tenant-landlord relationship from the beginning of a lease to its termination. The KRLTA establishes basic rights and responsibilities for tenants and landlords, including evictions, rent withholding, and access to rental properties. Both parties must ensure that they respect and fulfill their obligations to avoid potential legal battles in the future.

By adhering to the Kansas landlord-tenant law, landlords provide safe and comfortable homes for their tenants, while tenants can enjoy peaceful and stress-free tenancy periods. In case of a dispute, tenant and landlords can refer to Kansas legal resources such as Kansas Legal Services, or consult legal help such as lawyers for representation in court.


Quick Guide to Landlord/Tenant Laws

Kansas Landlord/Tenant Laws

The majority of the Kansas landlord/tenant laws are located under Chapter 58, Article 25 of the revised statutes.  These Kansas landlord/tenant laws are also known as the Kansas Residential Landlord & Tenant Act, and the majority of this article will discuss section of law under this Act.

Duties of the Landlord in Kansas

§58-2553 of the Kansas statutes lists specific duties of the landlord, and a list of these duties is listed below:

1. Comply with the requirements of applicable building and housing codes materially affecting health and safety

2. maintain reasonable care and maintenance of all common areas on the premises

3. maintain all electrical, plumbing, sanitary, heating, ventilating and air-conditioning appliances, and elevators in good and safe condition

4. provide proper receptacles for ashes, garbage, rubbish and other waste unless provided by a governmental entity

5. supply running water and reasonable amounts of hot water at all times unless the building puts the obligation on the tenant

In certain cases, Kansas landlord/tenant laws allow the tenant and landlord to make an agreement on certain repairs and maintenance if guidelines are specified in the lease agreement.  If no provisions for repairs or maintenance are stated in the lease, Kansas landlord/tenant law places the responsibilities listed above in the landlord’s care.

Duties of the Tenant in Kansas

§58-2555 of the Kansas statutes lists specific duties of the landlord, and these duties under Kansas landlord/tenant laws are listed below:

1. Comply with obligations involved in all building, health, and safety codes

2. keep their occupied part of the premises clean and safe as much as the property allows

3. remove all ashes, rubbish, garbage and other waste in a clean and safe manner

4. keep all plumbing fixtures in the premises clean and in working condition

5. use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other appliances in a reasonable and safe manner

6. be responsible for any destruction, defacement, damage, impairment, or removal of part of the premises

7. keep from housing pets if the landlord has expressed restrictions for pets

Kansas Landlord/Tenant Law for Security Deposits

The majority of Kansas landlord/tenant law about security deposits is located in §58-2550 of the state’s statutes.  Some general provisions under this Kansas landlord/tenant law are listed below:

• a security deposit cannot amount to more than 1 ½ times the monthly rent unless there are pets

• a security deposit may be used for unpaid rent and damages

• if deductions are made, the balance needs sent to the tenant within 30 days

If a landlord violates this Kansas landlord/tenant law, a tenant is allowed to recover the whole deposit and damages worth 1 ½ the amount withheld.

Termination of Tenancy under Kansas Landlord/Tenant Laws

§58-2504 of the Kansas landlord/tenant laws states that a tenant must give a landlord at least 30 days notice before terminating the tenancy at will.  If the rent is paid weekly, the tenant must give the landlord at least 15 days notice.  There are many other Kansas landlord/tenant laws that address termination of tenancies and evictions, and you can reference these laws by performing a search under the state’s legislature.