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.