Kansas Landlord Tenant Law

Looking for clear and concise information on Kansas landlord tenant law? Get all your answers from this plain English guide to the Kansas Landlord Tenant Act.

KS Landlord Tenant Law:

  • Kansas Code Chapter 58, Article 25 - Landlords and Tenants

Tenant Application

Application Fees

The landlord can ask prospective tenants for application fees to cover the costs of background and credit checks. The fee amount should be reasonable - We recommend charging around $30 per applicant. If the landlord did not run any tenant screening checks, the fees should be refunded.

Background and Credit Check

You can screen tenant applicants with a background check or full credit report from RentPrep.

A background check will show a person's history of addresses, evictions, bankruptcies, judgments and liens.

A full credit report comes with a basic background check, credit check plus criminal check. A basic background check shows a person's history of addresses, evictions and bankruptcies.

Landlords do not need the tenant or applicant's consent to run background and credit checks.  Fair Credit Reporting Act § 604(a)(3)(F)

Avoiding Discrimination

The Fair Housing Act disallows landlords from discriminating against prospective renters based on their race, color, religion, sex, *familial status, national origin or physical/mental handicap.  42 U.S.C. § 3604

*Familial status - pregnant women and families with person(s) under 18.

In addition, Kansas landlord tenant law disallows landlords from discriminating someone as a renter because of his or her ancestry.  K.S.A. § 40-1016.(b)

However if the dwelling has four or less rental units and the landlord lives in one of them, then he or she won't have to follow the above Fair Housing laws.  42 U.S.C. § 3603(b)

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Tenancy Agreement

(also known as a lease agreement or rental agreement)

Whether you're a landlord or tenant, it's important to have a written lease agreement with terms and conditions that favors you and follows your state laws.

To save time and avoid mistakes, you can customize your own lease agreement at LawDepot. This site will ask you a set of questions related to your tenancy and create a state-specific agreement based on your answers.

In the absence of a rental agreement, the tenancy shall be month to month by default. If the tenant pays rent every week, then the tenancy shall be week to week.  K.S.A. § 58-2545.(d)

If the tenant has rented the property for one year or longer and continues staying (with the landlord's consent) after the lease expires, then the tenancy shall be year to year.  K.S.A. § 58-2502

Once the tenancy begins, the landlord must give the tenant a copy of the lease that is signed by both parties. If the landlord fails to do so but accepts rent from the tenant later, then it shall be considered that the landlord has signed and delivered the rental agreement. Regardless of what is stated in the rental agreement, the lease in this case will be limited to one year.  K.S.A. § 58-2546

Required for Tenancy Agreement

Kansas landlord tenant law requires all tenancy agreements to contain the following details:

  • Name and address of person authorized to manage the property  K.S.A. § 58-2551.(a)(1)
  • Name and address or property owner or owner's agent (person authorized to act on behalf of owner)  K.S.A. § 58-2551.(a)(2)
  • Disclosure and information of lead-based paint in the property (for housing built before 1978)
  • If the tenant will be away from the property for seven days or more, he or she has to inform the landlord (no later than the first day of absence)  K.S.A. § 58-2558

Recommended for Tenancy Agreement

  • Name and address of tenant(s)
  • Number of people (occupants) staying on the property
  • Type of tenancy: month to month tenancy or fixed term lease
  • How much is the rent
  • When, how and where the rent is to be paid
  • When is rent is considered late and the penalties for late rent payment
  • How much is the security deposit and pet deposit (if any)
  • Who holds the deposit(s) and where will it be held
  • What utilities and services are provided and who pays for them
  • What are the landlord's and tenant's duties for property maintenance
  • Can the tenant sublet the property or assign the lease
  • When to inform the landlord if tenant will be away for a long time
  • Prohibited activities and items

Disallowed for Tenancy Agreement

According to Kansas landlord tenant law K.S.A. § 58-2547, your lease agreement CANNOT:

  • make the landlord or tenant give up any legal rights or remedies under the Kansas Landlord Tenant Act
  • permit the landlord or tenant to get a confession of judgment against the other party
  • make the landlord or tenant pay for the other party's attorney fees (unless ordered by the courts)
  • limit the landlord or tenant's liability when they have failed in their duties (except for the landlord's liabilities due to fire, theft or breakage in the common areas)

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Security Deposit

If the rental unit is unfurnished, Kansas landlord tenant law allows the landlord to ask for up to one month's rent as security deposit.  K.S.A. § 58-2550.(a)

If the rental unit is furnished (by the landlord), the landlord can ask for up to 1.5 month's rent as a security deposit.

If the tenant keeps a pet (that is not a *service animal), the landlord can ask for an additional pet deposit. The maximum amount for this pet deposit is half month's rent and it can only be deducted for pet-related damages. *A service animal is an animal (usually a dog) that is trained to assist disabled people.   
   
There are no Kansas landlord tenant laws on security deposit holding methods and security deposit interest.

Deductions and Returns

Kansas landlord tenant law requires the landlord to inform the tenant of the terms and conditions for security deposit deductions.
   
Valid reasons for security deposit deductions (under Kansas landlord tenant law) include:

  • Rent owed
  • Property damage due to negligence, misuse or abuse by tenant, occupants or tenant's guests
  • Costs and losses incurred by landlord due to the tenant failing in his or her duties - See Tenant Duties and Responsibilities below  K.S.A. § 58-2555

The landlord is NOT allowed to take money from the security deposit due to damage from *normal wear and tear. *Normal wear and tear is the natural deterioration of the property (and its contents) from normal everyday use.

Once the lease terminates and the tenant returns the property, the landlord must determine the list of security deposit deductions and refund any remaining deposit within 14 days (not exceeding 30 days after termination). This list has to individually account for all damages and rent owed in writing.

If the landlord fails to follow Kansas landlord tenant law for deducting and returning security deposit, the tenant can recover any deposit owed PLUS 1.5 times the amount of deposit that was wrongfully withheld.  K.S.A. § 58-2550.(c)

If Property is Sold

Once the property ownership is transferred, the new owner will be responsible for refunding any security deposit or prepaid rent to the tenant (at the end of the tenancy). Therefore the new owner should make sure that the previous owner transfers all security deposits and prepaid rents along with the property.  K.S.A. § 58-2554

The previous owner is no longer responsible for the tenancy once ALL three conditions are met:

  1. The previous owner makes a proper transfer of all security deposits and prepaid rents to the new owner
  2. The previous owner informs the tenant in writing that the property is being sold
  3. The new owner and tenant enters into a new agreement on the condition and contents of the property

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Wichita, Kansas KS

Kansas Landlord Tenant Law

Rent

The tenant has to pay the rent without demand or reminders. As long as the landlord and tenant are agreeable, they can choose the time, place and method of rent payment.

By default, rent is payable once the tenancy begins and shall be paid on the beginning of each month for a week-to-week or month-to-month tenancy. Rent is to be collected at the rental property and shall be pro-rated daily.  K.S.A. § 58-2545.(c)

Late Rent

There are no Kansas landlord tenant statutes on imposing charges for late rent payments.

If the landlord wants to impose late rent fees, it has to be specified in the tenancy agreement.  K.S.A. § 58-2545.(a)

Raising Rent

There are no specific Kansas landlord tenant statutes on raising rent.

We recommend that the landlord and tenant work out the following details and include them in the rental agreement:

  • When can the landlord raise the rent?
  • How many days notice does the landlord have to give before raising the rent?
  • How many days notice does the tenant have to give if he or she is moving out due to the rent increase?
  • Maximum amount or percentage of rent increase (optional)

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Property Maintenance

Once the tenancy has begun, the tenant must conduct a joint inspection of the property with the landlord (or landlord's agent) within five days. Both parties shall sign and keep a copy of the property inspection report.  K.S.A. § 58-2548

The Kansas Landlord Tenant Act requires the landlord to maintain the property in a safe and habitable condition. It also requires the tenant to keep the property in a clean and safe condition.

Landlord Duties and Responsibilities

The Kansas Landlord Tenant Act K.S.A. § 58-2553 requires the landlord to maintain the property in a safe and habitable condition:

  • Compliance: Obey all building and housing codes that affect health and safety
  • Common Areas: Keep all common areas clean and safe
  • Maintenance: Maintain all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen facilities in safe working condition
  • Waste Disposal: Provide outlets for waste disposal and arrange for waste removal
  • Heating: Supply running water, hot water and heating (as far as conditions allow) 

If the property doesn't share a common area with at least three other households, the landlord can transfer his or her duties for waste disposal and heating to the tenant... but ONLY if the tenant agrees to it in writing.  K.S.A. § 58-2553.(b)

Tenant Duties and Responsibilities

Kansas landlord tenant law K.S.A. § 58-2555 also requires the tenant to keep the property in a clean and safe condition:

  • Compliance: Obey all building and housing codes that affect health and safety
  • Cleanliness: Keep the property clean and safe (as far as conditions will allow)
  • Waste Disposal: Dispose all waste from the property in a clean and safe manner
  • Plumbing: Keep all plumbing fixtures in the property as clean as their condition permits
  • Proper Usage: Use all facilities and appliances properly. This includes all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen and common area facilities (e.g. elevators)
  • Property Damage: Avoid property damage due to negligence, misuse or abuse by the tenant, occupants or tenant's guests
  •  Neighbors: Avoid disturbing neighbors and also disallow others from disturbing neighbors

If Landlord Fails to Maintain Property

If the landlord fails in his or her responsibilities, the tenant has two choices:

1. The tenant can move out (if it affects the tenant's health and safety)

The tenant must give the landlord a written notice stating the problem and giving the landlord 14 days to fix it, or else the tenant will move out in 30 days. If the problem is fixed within 14 days (of the landlord receiving this notice), the tenancy will continue.

If the landlord commits a similar violation within 14 days, the tenant can terminate the tenancy with a written 30 day notice stating the violation date and details. In this case, the termination shall be unconditional and the landlord won't be given the chance to correct his or her violations.  K.S.A. § 58-2559.(a)(1)

2. The tenant can sue the landlord for damages

If the landlord violates the rental agreement or Kansas landlord tenant law, the tenant can sue the landlord for damages and obtain obtain a court order (that requires the landlord to do, or stop doing something).

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Property Access

When Tenant's Permission is Required

According to Kansas landlord tenant law K.S.A. § 58-2557, the landlord is only allowed to enter the property for the following reasons:

  • Performing property maintenance or repairs
  • Supplying essential (or mutually agreed) services and utilities
  • Inspecting property for damages
  • Showing property to prospective buyers, tenants or contractors

In the above situations, the landlord must inform the tenant in advance before entering the property. The landlord can only enter the property with the tenant's consent and during reasonable hours. We recommend informing the tenant at least 24 hours in advance.

When Tenant's Permission is NOT Required

According to Kansas landlord tenant law, the landlord may enter the property without permission in the following situations:

  • Emergencies that may cause severe property damage or even loss of life  K.S.A. § 58-2557
  • Tenant has been away from the property for 30 days or more  K.S.A. § 58-2565

If Tenant Refuses Landlord's Valid Request to Enter Property

The tenant cannot deny access if the landlord has a valid reason to enter the property. Otherwise the landlord can EITHER

  1. obtain a court order that requires the tenant to let the landlord in OR
  2. terminate the lease agreement

In addition, the landlord can also sue the tenant for actual damages.  K.S.A. § 58-2571.(a)

If Landlord Enters Property Illegally

The landlord must have a valid reason and obtain the tenant's permission (whenever required) to enter the property. If the landlord fails to do so or harasses the tenant, the tenant can EITHER

  1. obtain a court order that stops the landlord from entering the property illegally or harassing the tenant OR
  2. terminate the lease agreement

In addition, the tenant may also sue the landlord for actual damages.  K.S.A. § 58-2571.(b)

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Subletting

For the following situations, the tenant cannot sublet or assign the property unless the landlord agrees to it in writing:

  • Tenancy at will
  • Tenancy duration is less than two years

If the tenant fails to follow Kansas landlord tenant law for subletting or assignment, the landlord may terminate the tenancy by giving a 10 day written notice to the tenant.  K.S.A. § 58-2511

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Topeka, Kansas KS

Topeka, Kansas KS

Termination of Tenancy

Number of Days for Notice to Quit

Kansas landlord tenant law requires you to give the other party a written notice to quit before terminating a tenancy.  K.S.A. § 58-2504

For a tenancy at will, you must give this notice at least 30 days before the termination date.

For a month to month tenancy, you have to give this notice at least 30 days in advance.

For a year to year tenancy, you also have to give this notice at least 30 days in advance.  K.S.A. § 58-2505

If the rent payment interval is less than 30 days, the number of days for giving a notice to quit depends on the how often the rent is paid (e.g. You should give a 14 day notice if the rent is paid every two weeks).

*If you are renting farming land, the number of days for terminating your lease will be different - For more details, see Kansas Landlord Tenant Act § 58-2506

TENANT

If you are the tenant, the following are the minimum number of days for giving your landlord a notice to quit:

Landlord violated tenancy agreement or didn't perform duties

30 days

Tenant is deployed in the armed forces

15 days

Property damage due to fire, disaster or unavoidable accident

5 days

Property Damage Due to Fire, Disaster or Unavoidable Accident

If the property is badly damaged by fire, disasters or (unavoidable) accidents, the tenant can immediately move out and stop paying rent. The tenant must inform the landlord that he or she intends to terminate the tenancy within five days, and the tenancy shall terminate once the tenant moves out.

After the tenant moves out, the landlord must return the security deposit (after any deductions) to the tenant. The tenant won't have to pay rent starting from the date of the fire or natural disaster, so the landlord must also return any prepaid rent to the tenant.

If only part of the property is damaged, the tenant should move out of the damaged area. The rent amount will be lowered based on how much of the property is still livable.  K.S.A. § 58-2562

Giving Notice to Quit

The tenant can deliver the notice to the landlord in person or mail it to the address where the rent is paid.  K.S.A. § 58-2510

The landlord can serve the notice to the tenant in the following ways:

  • Deliver the notice to the tenant in person
  • Leave the notice at the property if the tenant is absent
  • Deliver the notice to a person who is over 12 years and staying on the property
  • Post the notice at a highly visible location on the property if no one is home
  • Leave the notice at the property if the tenant is absent

You won't have to send the a written notice to quit in the following situations:

  • Lease agreement states when tenancy will terminate
  • Tenant damaged or destroyed value of property
  • Tenant continued staying on property after lease expired (without landlord's permission)
  • No existing landlord tenant relationship  K.S.A. § 58-2509

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Eviction

According to Kansas landlord tenant law, the following are valid reasons for evicting tenants and the minimum number of days for giving them a notice to quit:

Tenant did not pay rent (and has rented for less than three months)

3 days

Tenant did not pay rent (and has rented for three months or longer)

10 days

Tenant violated tenancy agreement or didn't perform duties

30 days

Tenant sublet property without landlord's permission

10 days

Whether you are a landlord evicting someone or a tenant facing eviction, it's important that you handle matters correctly according to your state laws.

If you have any questions or doubts on eviction, you can ask a local landlord tenant lawyer online.

Tenant Did Not Pay Rent

If the tenant did not pay rent on time, the landlord can send the tenant a written notice to terminate the tenancy. This notice must state the amount of rent owed and inform the tenant that he or she can choose to pay or move out.

If the tenant has rented the property for less than three months, the landlord has to give the tenant three days to pay any rent owed.  K.S.A. § 58-2507

If the tenant has rented the property for three months or longer, the landlord has to give the tenant 10 days to pay any rent owed.  K.S.A. § 58-2508

If the rent is paid within the above deadlines OR the landlord accepts rent from the tenant after the deadline, the tenant may continue staying on the property.  K.S.A. § 58-2566

Tenant Violated Tenancy Agreement or Didn't Perform Duties

If the tenant violates the tenancy agreement in a *significant manner, the landlord can send the tenant a 30 day written notice to terminate the tenancy.  K.S.A. § 58-2564.(a)

Similarly if the tenant fails to perform his or her duties (as required by Kansas landlord tenant law) in a *significant manner, the landlord can also send the tenant a 30 day written notice to terminate the tenancy.

*Significant manner refers to situations that affects human health and safety.

This written notice has to state what is the tenant's violation or failure in duty. If the tenant corrects the problem within 14 days, the tenant may stay.

However if the tenant violates the tenancy agreement (or fails in his or her duty) in a similar manner within 14 days, the landlord can evict the tenant by sending him or her a written 30 day notice. In this case, the tenant must move out.

Tenant Sublet Property Without Landlord's Permission

The tenant will need the landlord's written permission to sublet the property UNLESS the tenancy is a fixed term lease of two years or longer.

If the tenant fails to follow Kansas landlord tenant law for subletting or assignment, the landlord may terminate the tenancy by giving a 10 day written notice to the tenant. All tenants and subtenants shall have to move out within 10 days.  K.S.A. § 58-2512

Unlawful Eviction

According to Kansas landlord tenant law, the landlord CANNOT force the tenant to move out by shutting off utilities (electricity, water, gas, sanitation), changing the locks, taking the tenant's belongings or taking possession of the property by force without a court hearing.  K.S.A. § 58-2569, K.S.A. § 58-2563

If the landlord forces the tenant to move out with (the unlawful methods above) or shuts off utilities, the tenant can EITHER

  1. regain possession of the property OR
  2. terminate the tenancy agreement

In addition, the tenant may also sue the landlord for 1.5 times the amount of actual damages.

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Abandonment

When is it Abandonment?

According to Kansas landlord tenant law K.S.A. § 58-2565.(a),(b), the tenant has abandoned the property when ALL four conditions are met:

  1. Tenant is 10 days late in paying rent
  2. Tenant has been absent from the property for at least 30 consecutive days
  3. Tenant has removed most of his or her belongings from the property
  4. Tenant did not inform the landlord that he or she will be away from the property

Once the property is abandoned, the landlord may enter it, clean it, and re-rent it.

As long as the landlord makes a proper effort to re-rent the property at a fair rate, the abandoning tenant will be responsible for paying rent until the tenancy ends. If a new tenant is moving in before the tenancy ends, then the abandoning tenant can stop paying rent once the new tenant moves in.  K.S.A. § 58-2565.(c)

Dealing with Abandoned Belongings

If the tenant abandoned the property and left his or her personal belongings behind, the landlord must inform the tenant where the belongings are stored AND give the tenant at least 30 days to remove them. After 30 days, the landlord can choose to destroy, dispose or sell the belongings (in a public sale).  K.S.A. § 58-2565.(d)

The tenant can recover his or her belongings before they are disposed or sold. The tenant shall have to pay all moving, storage and selling costs (of the belongings) PLUS any rent owed.

If the landlord intends to dispose or sell the belongings, the landlord must publish his or her intention in a local newspaper 15 days before doing so. Once this notice is published, the landlord has to mail a copy of it it to the tenant's last known address within seven days. This notice has to include the following details:

  • Name of tenant
  • Description of belongings
  • Sale or disposal date of belongings

The landlord may use revenue from the sale of abandoned belongings to pay for the following:

  • Cost of moving and storing the belongings
  • Cost of advertising and holding the sale
  • Any rent owed by the tenant

Any leftover revenue should be paid to secured creditors who informed the landlord before the sale. If there are no such creditors, the landlord shall get to keep all leftover revenue.  K.S.A. § 58-2565.(e)

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Mobile Homes

There are specific Kansas landlord tenant laws for mobile home owners renting parking space from mobile home park operators. 

See the Mobile Home Parks Residential Landlord and Tenant Act for more details.

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Resources

Kansas Landlord Tenant Law: Kansas Residential Landlord and Tenant Act

Kansas Landlord Tenant Handbook: Kansas Tenants Handbook

Mobile Homes: Mobile Home Parks Residential Landlord and Tenant Act

If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online.

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