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Contents
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.
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SECTION 1
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.
Under Kansas law, tenants have the right to:
In addition to these rights, Kansas tenants are obligated by law to:
Landlords in Kansas have the following rights under Kansas law:
As regards their obligations, Kansas landlords have the following to do:
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)
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 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.
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).
Kansas law prohibits landlords from raising rent if:
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SECTION 3
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.
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.
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.
Free Resources: Kansas Lease Agreement | eForms
Source: State of Kansas | Kansas Department of Administration (.gov)
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SECTION 4
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))
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.
Landlords in Kansas are permitted to make certain deductions from a tenant’s security deposit to cover:
(Kan. Stat. Ann. §§ 58-2550(b))
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))
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.
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))
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
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.
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:
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.
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.
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.
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:
Every eviction in Kansas goes through the same procedure:
Source: What to do about eviction | Kansas Legal Services
SECTION 6
Below is an overview of some of the statutes relating to rental application laws 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.
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).
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.
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:
To make the rental application process effective, here is a list of crucial requests to include in your Kansas rental applications:
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SECTION 7
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.
Here are a few situations in which a Kansas tenant may terminate the agreement without facing consequences:
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.
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.
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.
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.
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
Below is an overview of some Kansas HOA laws that often apply to homeowner associations in the state:
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)
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)
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)
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)
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)
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
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.
Adverse Possession laws require a squatter to meet several standards before they may file an adverse claim against a piece of property. These includes:
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.
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.
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.
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 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
Below, you’ll find some helpful Kansas landlord–tenant law resources:
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.
