Kansas Tenant Rights: An Overview
As a tenant in Kansas, it is important to know your rights and responsibilities. It is your right to live in a safe and secure home, but it is also your responsibility to follow the terms of your lease agreement. This article aims to provide you with a comprehensive guide on Kansas tenant rights and responsibilities.
Fair Housing Laws
The Fair Housing Act of 1968 prohibits landlords from discriminating against tenants on the basis of race, color, national origin, religion, sex, familial status, or disability. This law applies to all types of housing, including apartments, single-family homes, and mobile homes.
If you believe that your landlord has discriminated against you, you can file a complaint with the Kansas Human Rights Commission. The Commission will investigate your claim and take appropriate action if necessary.
Lease Agreements
When you rent a property in Kansas, you will typically sign a lease agreement with the landlord. This agreement outlines the terms and conditions of your tenancy, such as the rent amount, due date, and length of your stay. It is important to read and understand the lease agreement before signing it.
If you have questions about the lease agreement, you should ask the landlord or property manager before signing. You should also keep a copy of the agreement for your records.
Security Deposits
Many landlords in Kansas require tenants to pay a security deposit before moving in. This deposit is intended to cover any damages or unpaid rent at the end of your tenancy.
Under Kansas law, landlords are required to return your security deposit within 14 days after you move out. The landlord can deduct any unpaid rent or damages from the security deposit, but they must provide an itemized statement explaining the deductions.
If you believe that your landlord has wrongfully withheld your security deposit, you can file a complaint with the Kansas Attorney General’s office.
Rent Increases
If you have a lease agreement with your landlord, they cannot increase your rent during the term of the lease. However, if you have a month-to-month tenancy, your landlord can increase your rent with proper notice.
Under Kansas law, landlords are required to give tenants at least 30 days’ notice before increasing the rent. If you do not agree with the rent increase, you can negotiate with your landlord or choose to move out.
Repairs and Maintenance
Landlords in Kansas are responsible for maintaining their rental properties in a safe and habitable condition. This includes fixing any defects or hazards that may affect your health or safety.
If you need repairs or maintenance on your rental property, you should notify your landlord in writing. Your landlord is required to respond within a reasonable time frame and make necessary repairs in a timely manner.
If your landlord refuses to make necessary repairs, you can file a complaint with the Kansas Department of Health and Environment. You may also be able to withhold rent or terminate your lease if the property is unlivable due to the landlord’s negligence.
Evictions
If you violate the terms of your lease agreement, your landlord may decide to evict you. In Kansas, landlords must follow the proper legal procedures to evict a tenant.
The eviction process typically begins with a written notice to the tenant. If the tenant does not respond or fix the violation, the landlord can file a lawsuit for possession of the property.
In court, the tenant will have the opportunity to defend against the eviction and present their side of the story. If the judge rules in favor of the landlord, the tenant will have a certain amount of time to vacate the property.
If you are facing an eviction, it is important to seek legal advice. You may be able to negotiate with your landlord or challenge the eviction in court.
Subletting and Assigning
Subletting is when a tenant leases their rental property to another person for a period of time. Assigning is when a tenant transfers their lease agreement to another person.
In Kansas, tenants are generally not allowed to sublet or assign their rental property without the landlord’s consent. If you wish to sublet or assign your property, you should talk to your landlord and get their approval in writing.
Breaking a Lease Agreement
If you need to break your lease agreement before it expires, you should discuss the situation with your landlord. They may allow you to terminate the lease early if you can find a new tenant to take your place.
If you cannot find a new tenant, you may have to pay a fee or continue paying rent until the end of the lease term. It is important to read your lease agreement carefully to understand the terms of early termination.
Conclusion
As a tenant in Kansas, it is important to know your rights and responsibilities. You have the right to live in a safe and habitable rental property, but you also have the responsibility to pay rent on time and follow the terms of your lease agreement. If you have any questions or concerns about your tenancy, you should talk to your landlord or seek legal advice.
Quick Guide to Kansas Tenant Rights
Kansas Tenant Rights
There are specific and detailed Kansas tenant rights located under the state’s statutes, and if any of these rights are violated by a landlord, the tenant may choose to terminate their tenancy without retaliatory action from the landlord.
A Kansas tenant right is enforceable as long as the tenant upholds all of their responsibilities under state law. A list of general tenant rights is listed within the article on this website titled, “Quick Guide to Landlord/Tenant Laws.”
Duties of the Landlord in Kansas
§58-2553 of the Kansas statutes lists a Kansas tenant right to receive certain services from the landlord. The general responsibilities of the landlord include the following:
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
Kansas Tenant Rights Concerning Landlord’s Entrance
§58-2557 of the state’s statutes lists a specific Kansas tenant right against unlawful entrance form the landlord. The landlord is not allowed to access the premises to harass the tenant, and according to section (a) of this specific law,
“The landlord shall have the right to enter the dwelling unit at reasonable hours, after reasonable notice to the tenant, in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.”
The only exception to the Kansas tenant right listed above is the situation of an emergency. The landlord is allowed to enter the unit without consent if there is an extreme emergency.
Kansas Tenant Rights against Unlawful Removal
§58-2563 of statutes on Kansas tenant rights states that a landlord cannot unlawfully remove or exclude the tenant from the premises. If the landlord violates the Kansas tenant right and unlawfully evicts or interrupts services to the tenant, the former tenant may recover damages amounting to 1 ½ a month’s periodic rent. Additionally, if the landlord violated the Kansas tenant rights, they must return the security deposit in full.
Kansas Tenant Right Against Retaliatory Action from Landlord
Under §58-2572 of the statutes, a landlord cannot take retaliatory action against a tenant in certain cases. This Kansas tenant right prohibits retaliatory actions if:
• the tenant reported to a government agency for violation of building or safety code
• the tenant has complained about a violation under K.S.A. 58-2553
• the tenant has become a member of a tenant’ union
If there is a dispute about certain Kansas tenant rights, a landlord and tenant are encouraged to try and settle the dispute outside of court before the action goes to trial.
