The information in this page is provided as a free resource for renters in Kansas. It is not legal advice. If you need legal advice or additional legal help, contact “•

  • Elder Law Hotline – 888-353-5337
  • Kansas Legal Service – kansaslegalservices.org/gethelp

Does Kansas have “rent control?”

Rent is not regulated in Kansas. This means that the only limit on how much a landlord in Kansas can charge for rent is what people are willing to pay. This is sometimes called a “market rate.”

What does it mean to have a “safe, habitable” place to live in Kansas?

Landlord has to:

  • (1) Comply with the requirements of applicable building and housing codes that affect health and safety.
  • (2) exercise reasonable care in the maintenance of common areas;
  • (3) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, and air-conditioning appliances, including elevators required to be supplied by the landlord;
  • (4) provide receptacles for the removal of ashes, garbage, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal; and
  • (5) supply running water and reasonable amounts of hot water at all times and reasonable heat unless the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection. Nothing in this section limits a tenant’s obligation to pay for utilities if the rental agreement requires that.”

Heat and Air Conditioning

The landlord must generally supply reasonable heat.

Hot Water

The landlord must supply running water and reasonable amounts of hot water at all times.

Does my landlord have to provide smoke detectors or carbon monoxide detectors in Kansas?

Landlords are required to install a working smoke alarm in each of their rental units and repair or replace them when they are deficient.

Tenants are responsible for ensuring that the smoke alarms in their homes are present, clean, and operational and may be responsible for changing batteries in smoke alarms, if applicable. Kansas has no law requirement for landlords to install carbon monoxide detectors.

How long does my landlord have to fix problems at my apartment in Kansas?

The law doesn’t address emergency repairs once a landlord receives written notice. They have 14 days to begin repairs.

What can I do if my landlord can’t or won’t fix problems at my apartment in Kansas?

Rent Abatement

There is no right to rent abatement in Kansas.

Repair and Deduct

There is no right for tenants to make repairs themselves and then deduct the cost of the repairs from the rent.

Vacate

If the landlord doesn’t make a required repair within 14 days of receiving written notice, the tenant can terminate the lease at the soonest 30 days after delivering the notice to the landlord.

Sue

If the landlord fails to comply with their duties or violates the rental agreement, the tenant can sue the landlord for damages.  The tenant can sue the landlord for unlawful entry of the premises.

What are the rules for security deposits in Kansas, and how do I get my security deposit refunded?

Deposit can’t exceed one month’s rent for an unfurnished dwelling.

  • If furnished, the deposit can’t exceed 1.5x month’s rent
  • If the rental agreement permits pets, the landlord can charge an additional deposit not to exceed 1/2x monthly rent
  • If the landlord is a municipal housing authority subsidized by the federal government and rent is determined solely from the income of the renter, the landlord may demand and receive a security deposit in accordance with a schedule established by the housing authority, which is based on the bedroom unit size of the dwelling unit.  § 58-2550(a)”

Upon termination of the tenancy, any security deposit held by the landlord may be applied to the payment of accrued rent and the amount of damages which the landlord has suffered by reason of the tenant’s noncompliance with K.S.A. 58-2555 (tenant duties), and amendments thereto, and the rental agreement, all as itemized by the landlord in a written notice delivered to the tenant.

If the landlord proposes to retain any portion of the security deposit for expenses, damages, or other legally allowable charges under the provisions of the rental agreement other than rent, the landlord shall return the balance of the security deposit to the tenant within 14 days after the determination of the amount of such expenses, damages or other charges, but in no event to exceed 30 days after the termination of the tenancy, delivery of possession and demand by the tenant.

If the tenant does not make such demand within 30 days after the termination of the tenancy, the landlord shall mail that portion of the security deposit due the tenant to the tenant’s last known address. See § 58-2550(b). If the landlord fails to comply with the above, the tenant can recover that portion of the security deposit due plus 1.5X the amount wrongfully withheld. See § 58-2550(c)

Unless the rental agreement provides otherwise, the tenant can’t apply or deduct any portion of the security deposit from the last month’s rent or apply it at any time in lieu of rent. If a tenant does that, the deposit is forfeited, and the landlord can recover the rent as if the deposit has not been applied/deducted from the rent.

What kind of notice does my landlord need to give me in Kansas?

Eviction

Eviction can only happen with the agreement of the landlord and tenant or a court order. Landlords can’t evict the tenant by themselves by, for example, changing the locks or shutting off utilities

In the case of nonpayment of rent, the landlord can begin the eviction process by giving the tenant a 3-day notice, after which the tenant has three days fo pay any rent that is due. If payment isn’t made, the landlord can start the legal process for eviction.

Apart from the nonpayment of rent, if the tenant breaches the lease agreement, the landlord must provide notice to the tenant that the tenant has 14 days to fix the problem, otherwise the tenant will have to vacate 30 days after getting the notice”

Condition

Within five days of moving in, the landlord and tenant shall inventory the premises together and make a written record detailing the condition of the premises. The tenant shall be given a copy of the inventory.

Rent Increases

Kansas law doesn’t limit how much a landlord can raise rent, so long as the increase isn’t discriminatory or retaliatory.

In the case of a month-to-month lease, the landlord must inform the tenant in writing of a rent raise at least 30 days before the rent date when the increase will go into effect. If the rental unit is a mobile home, the landlord must give 60 days’ written notice.

Renewal

Kansas law doesn’t require any notice of renewal. If the tenant has rented the property for a year or more when the initial lease expires, the lease renews automatically on a year-to-year basis.

A tenancy from year to year may be terminated by at least thirty days written notice.

Entry

The landlord has 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 landlord can enter without consent of the tenant in case of an extreme hazard involving the potential loss of life or severe property damage.

Can I end my lease early in Kansas?

If something comes up in your life, you may find that you need to end your lease early. This can be stressful and very expensive, with most leases including steep penalties and fines for early termination. Here are some potential options.

Military

If you’re active military, you may be able to terminate your lease early under the Servicemembers Civil Relief Act (SCRA). The SCRA provides certain protections for active-duty military members, including the right to terminate a lease early if you receive orders for a permanent change of station (PCS) or deployment. To terminate your lease early under the SCRA, you must provide your landlord with written notice and a copy of your orders. The notice must be provided at least 30 days before the date on which you intend to terminate the lease.

Subleasing

Subleasing, or “subletting,” is when a tenant who is renting an apartment rents it out to someone else. That way, the landlord is still collecting rent, but someone else is paying it. In Kansas, subleasing is governed by the lease agreement.

Survivors of Domestic Violence

A tenant who is a survivor of domestic violence shall not be liable for rent for the period after the tenant provides a statement to the landlord regarding domestic violence.   § 58-25, 137

What can I do if my landlord harasses me or discriminates against me in Kansas?

“The Kansas Act Against Discrimination prohibits discrimination in housing on the basis of race, color, religion, national origin, ancestry, sex, disability, or familial status.

A landlord cannot abuse their right to enter the premises or use it to harass the tenant.

SixFifty can help!

Now that you know your rights as a renter in Kansas, what can you do? Take action! SixFifty built HelloLandlord with the University of Arizona and Brigham Young University as a free resource for people who can’t afford legal help. You can use HelloLandlord to:

Tens of thousands of Americans have used HelloLandlord to assert their rights. It only takes 5 minutes to generate a high quality letter—the kind of letter a lawyer would write. And we offer discount codes so you can send your letter by mail, right from your computer.

SixFifty is building more tools to help renters all the time. For more information, email probono@sixfifty.com.

Sources

http://hcci-ks.org/wp-content/uploads/2014/12/LLTENAct2005.pdf