Kansas Rental Laws

Written on September 13, 2014 by , updated on November 1, 2017

flag-of-kansasThis article summarizes some key Kansas Landlord-Tenant Laws applicable to residential rental units.

The Official State Statutes and other reputable municipal sources were used to research this information. All sources are cited appropriately.

With that said, landlord-tenant laws are always changing, and may even vary from county to county.  You have a responsibility to perform your own research and cautiously apply the laws to your unique situation.

If you have a legal question or concern, I only recommend contacting a licensed attorney referral service that is operated by the state bar association. This article is not intended to be exhaustive or a substitute for qualified legal advice.

Official Rules and Regulations

Security Deposit:

  • Security Deposit Maximum: One month’s rent maximum for unfurnished units, and one and a half month’s rent for furnished units. Separate pet deposits are also allowed, if pets are allowed. (§§ 58-2550(a))
  • Security Deposit Interest: No statute
  • Separate Security Deposit Bank Account: No statute
  • Pet Deposits: In addition to a security deposit, landlord may charge a pet deposit of no more than one-half of one month’s rent. (§§ 58-2550(a))
  • Non-Refundable Fees: No statute
  • Deadline for Returning Security Deposit: Within 14 days of landlord determining the amount of deposit withholding, and not to exceed 30 days from termination of the tenancy, move-out and demand for the deposit by the tenant. If tenant does not make demand for the deposit within 30 days of termination of the tenancy, landlord must mail that portion of the security deposit due the tenant to the tenant’s last known address. (§§ 58-2550(b))
  • Permitted Uses of the Deposit:
    • Payment of rent owed;
    • Damages which the landlord has suffered due to the tenant’s noncompliance with the rental agreement or statutory Tenant Duties. (§§ 58-2550(b))
  • Require Written Description/Itemized List of Damages and Charges: No statute
  • Record Keeping of Deposit Withholdings: No statute
  • Receipt of Deposit: No statute
  • Failure to Comply: If landlord fails to comply with rules for security deposit return, tenant may sue to recover the portion of the security deposit that is due, plus damages equal to one and a half the amount wrongfully withheld. (58-2550(c))

Lease, Rent & Fees:

  • Rent Is Due: Unless agreed to otherwise in the lease, rent is due at the beginning of any term of one month or less. (§§ 58-2545(c))
  • Rent Increase Notice: As stated in the lease (§§ 58-2545)
  • Rent Grace Period: No statute
  • Late Fees: As stated in the lease (§§ 58-2545)
  • Prepaid Rent: No statute
  • Returned Check Fees: $30
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No statute allowing rent withholding, but for landlord violations of lease or statutory Landlord Duties tenant may terminate the agreement with 30-day written notice that provides 14 days for landlord to remedy. See statute for further details. (§§ 58-2559)
  • Tenant Allowed to Repair and Deduct Rent: No statute
  • Landlord Allowed to Recover Court and Attorney Fees: No lease may include a provision for either the landlord or tenant to agree to pay the other’s attorney fees. (§§ 58-2547(3))
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes (§§ 58-2565(c))
  • Abandonment/Early Termination Fee: No statute for abandonment/early termination fee, but if tenant abandons premises and leaves personal property, landlord may take possession of the property, store it at tenant’s expense and sell or dispose of it after 30 days. See statute for required notification prior to sale and for the allowed uses of the proceeds of such sale. (§§ 58-2565(d))

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is required as the lease simply ends. (§§ 58-2509)
  • Notice to Terminate Tenancy – Yearly Lease with No End Date: Non-farm tenancies from year to year may be terminated with 30-day written notice prior to the end of the year. (§§ 58-2505)
  • Notice to Terminate Tenancy – Month-to-Month Lease: 30-day written notice prior to a periodic rent-paying date, except where the tenant is in U.S. military service and termination of the tenancy is necessitated by military orders, in which case a minimum 15-day written notice is required. (§§ 58-2570(b))
  • Notice to Terminate Tenancy – Week-to-Week Lease: Seven-day written notice prior to the termination date specified in the notice (§§ 58-2570(a))
  • Termination of Tenancy with 24 Hours Notice: No statute
  • Notice of Date/Time of Move-Out Inspection: Within five days of move-in, tenant and landlord or landlord’s representative must inspect the rental together and inventory in writing the condition of the premises and that of any furnishings or appliances provided. Both parties must sign the completed written inventory and both parties must receive a copy of the signed inventory. (§§ 58-2548)
  • Notice of Termination for Nonpayment of Tenancies Longer than Three Months: 10-day written notice, and the tenant may prevent termination by paying the outstanding rent within that period (§§ 58-2507)
  • Notice of Termination for Nonpayment of Tenancies Shorter than Three Months : 3-day written notice, and the tenant may prevent termination by paying the outstanding rent within that period (§§ 58-2508)
  • Termination for Lease Violation: For tenant violations of the rental agreement or statutory Tenant Duties, landlord may give written notice describing the violation and stating that the agreement will terminate in 30 days if the violation is not remedied within 14 days. For a second such violation within six months of the first, landlord may terminate the agreement with a 30-day written notice specifying the breach and the date the agreement shall terminate, without the option to remedy. (§§ 58-2564)
  • Required Notice before Entry: Landlord must give tenant reasonable notice before entry at a reasonable hour. (§§ 58-2557)
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes (§§ 58-2557)
  • Entry Allowed with Notice for Showings: Yes (§§ 58-2557)
  • Emergency Entry Allowed without Notice: Yes, entry without consent allowed in case of extreme hazard involving potential loss of life or severe property damage. (§§ 58-2557(b))
  • Entry Allowed During Tenant’s Extended Absence: Rental agreement may require tenant to notify landlord of any anticipated extended absence longer than seven days, no later than the first day of the extended absence. During any absence of tenant in excess of 30 days, landlord may enter at times reasonably necessary. (§§ 58-2558 and §§ 58-2565)
  • Notice to Tenants for Pesticide Use: No statute
  • Lockouts Allowed: No (§§ 58-2563)
  • Utility Shut-offs Allowed: No (§§ 58-2563 and §§ 58-2569)

Disclosures and Miscellaneous Notes:

  • Name and Addresses: Prior to the start of a tenancy, landlord must disclose in writing the name and address of landlord and any property manager for the service of process and for the receipt of notices and demands. (§§ 58-2551)
  • Copy of the Lease: Landlord must give tenant a copy of the lease that has been signed by both parties, and if the landlord does not do so and then later accepts rent from the tenant, that acceptance gives the rental agreement the same effect as if it had been signed and delivered by the landlord. The term of any such lease is limited to one year, regardless of the term stated in the lease. (§§ 58-2546)
  • Domestic Violence Situations: No statute. The Kansas Coalition Against Sexual & Domestic Violence has a 24-hour free hotline (1-888-363-2287) and links to support resources by county.
  • Landlord’s Duties: (§§ 58-2553)
    • Compliance: Comply with the requirements of applicable building and housing codes materially affecting health and safety;
    • Repairs: Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;
    • Common Areas: Exercise reasonable care in the maintenance of common areas;
    • Maintenance: Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating and air-conditioning appliances including elevators, supplied or required to be supplied by landlord;
    • Trash: Provide appropriate receptacles for the removal of trash and other waste incidental to occupancy and arrange for removal, except where provided by a governmental entity;
    • Heat: Supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1 except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or 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.
  • Tenant’s Duties: (§§ 58-2555)
    • Compliance: Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
    • Cleanliness: Keep the premises that tenant occupies and uses as clean and safe as the condition of the premises permit;
    • Trash: Dispose from tenant’s dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner;
    • Plumbing: Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
    • Appliances: Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises;
    • Lawful Activity: Be responsible for any damage or removal of any part of the premises caused by an act or omission of the tenant or by any person or animal on the premises at any time with the express or implied permission or consent of the tenant; and
    • Quiet Enjoyment: Not engage in conduct or allow any person or animal on the premises with the express or implied permission or consent of the tenant to engage in conduct that disturbs the quiet and peaceful enjoyment of the premises by other tenants.
  • Retaliation: Landlord may not retaliate against a tenant by increasing rent or decreasing services after tenant has complained to a governmental agency charged with enforcement of building or housing codes, complained to landlord of a violation of statutory Landlord Duties, or become involved in a tenant’s union. Read §§ 58-2572 for more information.
  • Lead Disclosure:  Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.

Court Related:

Business Licenses:

  • Business License Required: No statewide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.

Videos

Get our free newsletter

Join 200,000+ landlords

  • ​Tips to increase income
  • Time-saving techniques
  • ​Powerful tools & resources
Topics:
  Laws & Regulations

154 CommentsLeave a Comment

  • JOHN ANDREW SHUKER

    hello, my name is john andrew shuker, my wife and i are renting a home in hutchinson, ks. 67501. my question is that if our landlord refuses to follow kansas landlord tenant laws. because she is gharging us pet rent& it state’s she can charge a pet deposit. our rent is $760.00. can she evict us?

  • Paula Slater

    I signed 1 yr lease agreement,notarized at my bank on Nov. 1, 2017, for a 2 story townhouse in Lawrence, Ks with the owner from Florida. He had been here for a few weeks already, fixing up, adding, renovating, and it appeared very well done. Then I learn he is hard to deal with (faucet, blinds, ceiling lights in bedrooms) and esp denies that I cannot have a grab bar for the bathtub/shower. I am on SSD, stated on my application, and have found the FDA rule to share with him that his approval is required. …..Is this becoming a major concern for many landlord/tenants? A couple people have stated it has become a general requirement in Lawrence, Ks, not just for SSD. Can you provide more? I want to objectively share this with him.

  • Annette Morales

    I rented a very small 1 bedroom house with no appliances. The landlord knew that I was in the process of trying to buy a house and I would be renting month to month. I lived in the house for 3 months and gave him over a 30 day notice. The house is all hard wood floors. I cleaned all the floors by hand, scrubbed windows and walls. I moved out on the 10th of the month. He wanted the full month”s rent which I paid. I received my deposit back minus $120 cleaning fee. He stated it took him two hours to clean the house. I wanted an explanation but he refuses to answer my texts or calls. I took pictures when I moved in and when I moved out.

  • Tonya

    Is it legal in KCKS to rent a house without a rental license? And if I signed a lease at the time landlord didn’t have his rental license, is the lease still valid???

    • Kevin pfannenstiel

      Can I lock my land lord out then install fausets and light fixtures and a electric water heater and take my stuff with me when I leave. I put them in myself and didnt ask him if I could do it. What can happen to me in Kansas Can he charge me with thieft?

  • Ann Cromwell

    If a landlord doesn’t have a signed lease and tries to keep raising rent without a signed agreement.
    Then cashes the checks monthly for 7 years can they later say you owe the difference? Is the check being cashed considered an acceptance of payment? I also haven’t received notice in any length of time stating that I was in debt till now when I am trying to negotiate a new lease.

  • Kevin pfannenstiel

    Can I lock my land lord out then install fausets and light fixtures and a electric water heater and take my stuff with me when I leave. I put them in myself and didnt ask him if I could do it. What can happen to me in Kansas

  • Keith kaberline

    I was wondering if anyone knew. I love right outside city limits, and we have recently started having an ANT problem. Is it the tenants responsibility or is it the landlord? Thank you guys for your feedback

  • John

    I believe that my property management company is withholding funds. I live in a different part of the world so its difficult to know what they are doing.
    Who can look into this on my behalf. Is there someone who protects the landlord from the property manager.
    Thanks.

  • curtis simmons

    does a landlord need to send bill for water and sewer usage or is it legal to charge us 12 dollars to find out how much owed each month,and how much can be charged as late fee

  • Renee Storey

    I am renting a home in Manhattan, KS for $1750/mo plus $50/mo pet rent. I always pay early. This month due to a new job I had to pay 10 days late. The landlord is charging me 10% plus $25/day late. I can’t pay anything else with this extra fee. I feel very taken advantage of by some money-hungry people. Is this even legal?

  • Ms. Allison

    My ex-husband is renting to a family. The original lease was written for the renters to pay rent on the 1st of each month. Each day rent was late there would be charges added for each late day. In addition, the renters have not paid late payments. And, the contract said “No Pets” and “No Smoking”. The renters have violated every part of their contract. They smoke like smoke stacks and brought dogs and cats into this house. If my ex-husband sells this house, to someone, how can he force the renters out? The house is in Kansas. Can he require someone to inspect the home and have the renters hand over the keys before the move out? I believe they will purposely cause some major and minor damage if he does anything to force them out.

    • Sharon williams

      Did they sign a year lease? If the Lease in fact states no smoking and no pet clauses then can terminate the lease because of violations and give them 30 Day Notice. You have to give them 24 hour notice before entering the property for inspections – Then if they don’t vacate you may need to file the Eviction Notice – An Unlawful Detainer Action with the court! You can add the late charges to the Notice and when Judge grants the eviction then they’ll have to pay! I’m trying to do the same type of notices to a family renting a farm that had been sold!

      • Ms. Allison

        Sharon, Thank you for your info! Sorry you have renters taking advantage of you. I think, some renters have played this role many times and know how to make the system work for them.

  • JEFF

    We live in a mobile home park, and we own our mobile home, but rent the lot. Can we be charge a pet fee for a pet kept in our home? We were told a while back that pets were no longer allowed to be kept outside, though not everyone adheres o that, our pets are indoors animals, and only go out off of the mobile home parks property.

  • Joshua Robinson

    I rent in Overland Park Kansas. The carpet hasn’t been replaced for at least 12 years that I know of.
    Is there any codes or laws that I can use in order to get my landlord to do something?

  • Tia Link

    HI I was evicted after being 2weeks late on the rent which I was with holding because the landlord wouldn’t answer texts or calls from me over mold and faulty ac unit . We didn’t get our lease until after wehas already been there a month. We also hadn’t had also way to contact the landlord until we had already been there a month. We were not allowed to take any of our possessions and that were moved out of the residence within hours of us being removed. When we were in court the judge asked if the landlord was seeking the past due rent which he stated he wasn’t. What are my rights and what do I need to due is he wanting the months rent attorney and court fees plus some now .

  • Nancy Frank

    We signed a new lease at the same complex we have lived in for a year. That was a month ago but we have never received a copy of the new lease, signed by both us and the manager. Does the fact that we have no signed copy negate the lease?

  • Kala Hillery

    My daughter just found out from her new downstairs neighbors that the upper-level apartment she is living in is shared metering with the lower level apartment and she has been paying all of the bills for the last 9 months. Her contract States nothing about shared metering or her responsibility to pay all utilities. What are her recourses? Thank you!

  • Angela

    Section 42 and Section 8 apartments community I went to look at unit to rent and they would not show it to me they have a bunch of them I said I’m not going to sign a lease if I haven’t seen it the inside of the unit so she showed me one and told me that they they all look the same after I signed all of all of the papers trusting that they would look alike like she had said I go into the unit it looks nothing like what they had told me and showed me I hate it I do not want it are there laws against this

  • Kaylin

    My brother bought a house and let me and my mom and daughter move in. This house has no running water and NO SEPTIC SYSTEM WHATSOEVER NO TANK NOTHING. My mom moved out my boyfriend moved in now my bros girlfriend wants us to pay 400 a month. Is that legal?

Join the Discussion

Your email address will not be published. Required fields are marked *

 characters available. Be short, sweet and to the point.