Kansas Residential Lease Agreement

Important Information for Kansas Landlords

Kansas Rental Law Highlights

Security Deposits (K.S.A. § 58-2548, 58-2550)

• Maximum Amount: No statutory limit (typically 1 month’s rent)
• Non-Refundable Fees: Allowed if clearly stated in writing
• Return Timeline: 30 days after tenant vacates (14 days if landlord provides itemization)
• Itemized Statement: Required if deductions are made
• Move-In Inspection: Strongly recommended to document condition
• Normal Wear and Tear: Cannot deduct for ordinary deterioration
• Interest: Not required on security deposits
• Penalties: Landlord may forfeit right to withhold if proper procedures not followed

Rent and Rent Increases

• Grace Period: No statutory grace period required
• Late Fees: Must be reasonable; typically stated in lease
• Rent Increase Notice: 30 days notice for month-to-month tenancies
• Fixed Term: Cannot increase rent during lease term unless specified
• No Rent Control: Kansas does not have rent control laws
• Partial Payments: Landlord may accept or refuse partial rent payments

Required Disclosures (K.S.A. § 58-2547)

• Lead paint disclosure (pre-1978 properties) – Federal requirement
• Name and address of landlord or authorized property manager
• Mold disclosure (if known mold issue exists)
• Methamphetamine contamination disclosure (if applicable)
• Smoke detector information
• Move-in condition checklist (recommended)

Eviction and Termination (K.S.A. § 58-2564, 58-2570)

• 3-Day Notice: For nonpayment of rent
• 14-Day Notice: For lease violations (tenant may cure within 14 days)
• 30-Day Notice: For violations that cannot be cured or repeated violations
• 30-Day Notice: To terminate month-to-month tenancy (either party)
• Court Process Required: Forcible Entry and Detainer action for eviction
• No Self-Help: Lockouts and utility shutoffs are illegal
• Abandoned Property: Landlord may remove after proper notice

Landlord Obligations (K.S.A. § 58-2553)

• Habitability: Must maintain premises in fit and habitable condition
• Essential Services: Heat, water, hot water, electricity must be functional
• Compliance: Must comply with applicable building and housing codes
• Structural Integrity: Maintain in weathertight condition
• Smoke Detectors: Must install working smoke detectors
• Sanitary Conditions: Keep common areas clean and sanitary
• Pest Control: Generally landlord responsibility
• Repairs: Must make necessary repairs within reasonable time

Entry Requirements (K.S.A. § 58-2557)

• Notice Required: Reasonable notice (typically 24 hours)
• Reasonable Times: Entry during reasonable hours only
• Emergency Exception: May enter without notice in emergency
• Permitted Purposes: Inspection, repairs, showing to buyers/tenants
• Abandonment: May enter if property appears abandoned
• Tenant Consent: May enter with tenant’s consent

Tenant Rights and Protections

• Quiet Enjoyment: Right to peaceful possession without interference
• Privacy Rights: Right to reasonable notice before entry
• Repair and Deduct: May make repairs and deduct from rent after proper notice (K.S.A. § 58-2561)
• Rent Escrow: May deposit rent with court for serious violations
• Retaliation: Landlord cannot retaliate for complaints (K.S.A. § 58-2572)
• Early Termination: Certain circumstances allow early lease termination
• Domestic Violence: Protections for victims of domestic violence
• Military Service: SCRA protections for active duty members

Kansas-Specific Considerations

Non-Refundable Fees (K.S.A. § 58-2548)

• Kansas allows non-refundable fees if clearly designated in writing
• Must be specifically stated as “non-refundable” in lease
• Common non-refundable fees: cleaning fee, pet fee
• Different from refundable security deposit
• Must be reasonable in amount

Landlord’s Lien (K.S.A. § 58-2570)

• Kansas abolished landlord’s lien on tenant’s property
• Cannot seize tenant’s personal property for unpaid rent
• Must use eviction process and judgment collection

Methamphetamine Contamination (K.S.A. § 65-1,202)

• Must disclose if property was used for meth production
• Property must be decontaminated and certified before occupancy
• Serious health hazard requiring professional remediation
• Local health department maintains contaminated property registry

Smoke Detector Requirements

• Working smoke detectors required in all rental units
• Landlord must install and ensure they are functional at move-in
• Tenant responsible for battery replacement and immediate notification of defects
• Must comply with local fire codes

Abandonment of Property (K.S.A. § 58-2565)

• Property presumed abandoned if tenant absent for 15+ days without notice
• Landlord must provide notice before disposing of property
• Notice sent to tenant’s last known address
• Landlord may store property and charge reasonable storage fees
• Can dispose of property if not claimed within specified time

Repair and Deduct Remedy (K.S.A. § 58-2561)

• Tenant may repair and deduct cost from rent after proper notice
• Must notify landlord in writing of needed repair
• Landlord has 14 days to make repair (or reasonable time if emergency)
• Repair cost cannot exceed one month’s rent
• Tenant must obtain at least two estimates for repair

Fair Housing Requirements

Best Practices for Kansas Landlords

• Use written leases for all tenancies
• Conduct thorough move-in and move-out inspections with photos
• Provide all required disclosures before tenant signs lease
• Return security deposits within 30 days with itemization if deducting
• Clearly designate any non-refundable fees in writing
• Give reasonable notice (24 hours) before entering property
• Keep detailed records of all transactions and communications
• Respond promptly to repair requests (within 14 days or reasonable time)
• Maintain property to comply with housing codes
• Install and maintain working smoke detectors
• Never use self-help eviction methods (lockouts, utility shutoffs)
• Follow proper court procedures for evictions
• Check for methamphetamine contamination if suspected
• Disclose known mold issues
• Consider landlord insurance with loss of rent coverage

Weather Considerations

• Tornado Season: Provide access to safe shelter or basement
• Extreme Heat: Ensure cooling systems are functional in summer
• Winter Weather: Maintain heating systems and prevent frozen pipes
• Severe Storms: Address storm damage promptly

Resources

• Kansas Statutes Annotated (K.S.A.) – Chapter 58, Article 25 (Residential Landlord-Tenant Act)
• Kansas Attorney General’s Office – Consumer Protection Division
• Kansas Legal Services
• Kansas Bar Association – Real Estate Section
• Local housing authorities
• County district courts (for eviction procedures)
• Kansas Department of Health and Environment (for mold and meth contamination)