Kansas Rental Laws

Written on September 13, 2014 by , updated on July 28, 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.

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129 CommentsLeave a Comment

  • Torry Ward

    Im being evicted cause im late with rent, its not that i owe back rent, its for being late, my landlord accepted 350 of my 450 rent, and i will pay the other 100 next, wen i tried to pay, he refused to accept it, i have no lease and i dont know what to do if i can do anything, need some help please

  • Marty Soliz

    My landlord is evicting me so his daughter can move in. Can he do that?

  • Krista

    I just moved into a 3 bdrm house & the toilet at first didn’t work,we had to physically fill it up by using a pitcher. They came out to fix it, it constantly runs. I got a notice from the Water Department saying within a week I used 9,334 gallons of water. I called the rental agency, scanned the notice from the water department to them they sent out a plumber. he told them there were no leaks, but I did have a running toilet. I called the Water department again they advised me that it was due to the toilet running, but the rental agency is saying no & they still haven’t fixed the running toilet. Now I have a bill for $260.55 using over 50,000 gallons of water. I am never home & its only I and my 1 1/2 yr old. Am I responsible for this bill?

  • Ted

    Hi, I am a new landlord and I recently rented out a place where my tenant has since changed the locks on me. I don’t have it anywhere in my lease stating anything about the changing of locks. It is in Kansas and I am now attempting to show the place to a potential buyer (mortgagee etc) it’s actually the appraiser sent from the bank to take pics and review. This is a duplex and the renter on one side refuses to let her in and/or take pics. Really causing issues. I can’t put this sale off any longer either. What can I do? I deserve a key to get into my place right? Emergencies, repairs etc.. Please anyone with a legal course of action I may take to get him to let me in or bring a sheriff and locksmith etc. Thank you

  • Travis

    I have a question I signed a lease for on year and it was over three years ago. My cousin wants to move in just for 4-6 weeks because it is closer for him to go to work and outage. Can my landlord be allowed to charge him $200.00 for rent when we already pay $400.00 which was on the signed lease! Or is that illegal?

  • Emily Roudebush

    Looking for 1 bedroom for my son who is almost finished his degree in computer science! The only negative is he has a felony on his record for 2 to 3 more months! He just broke up with his girlfriend and needs a place for this school year!!

  • Latosha hosko

    I live in Wichita Kansas. I moved into my house on March 28,2016. At the I ital move in my landlord gave me a receipt for the rent and the deposit. That took care of me til the end of April 2016. Starting May – July I had to pay $500 a month which was $400 for the rent and $100 that went towards the deposit til the deposit was paid off. Since May 2016 til now September 5,2016 I STILL HAVE NOT RECIEVED A RENT RECEIPT FROM MY LANDLORD for the rent I have paid!!! I have asked her for the receipts and she kept telling me that she would bring them to the house and never did… Her execuse was she forgot, then she said she would mail them, same thing. Can I withhold the rent until my landlord gives my receipts for previous rent I already paid??!!

    • Tim

      You may not withhold rent. There is no statute that requires the landlord to provide you a receipt for payments; it is a best business practice. The best bet is to do one of the following: 1) Use carbon copy checks and retain your check books. 2) When submitting your rent request a receipt at that time (If need be, write out the receipt and have the landlord sign it {include the date, check/MO number, and amount paid}). 3) Keep your bank statements with the cancelled checks.

  • Latosha hosko

    I live in Wichita Kansas. I moved into my house on March 28,2016. At the initial move in my landlord gave me a receipt for the rent and the deposit. That took care of me til the end of April 2016. Starting May – July I had to pay $500 a month which was $400 for the rent and $100 that went towards the deposit til the deposit was paid off. Since May 2016 til now September 5,2016 I STILL HAVE NOT RECIEVED A RENT RECEIPT FROM MY LANDLORD for the rent I have paid!!! I have asked her for the receipts and she kept telling me that she would bring them to the house and never did… Her execuse was she forgot, then she said she would mail them, same thing. Can I withhold the rent until my landlord gives my receipts for previous rent I already paid?

  • Ray

    My landlord had an exterminator in to spray and to look at the apartments. The exterminator says that my kitchen is not clean enough. The landlord says the exterminator is going to inspect again, and if the kitchen is not clean enough, she will give me 3 days notice to vacate.

    Is 3 days notice allowed for anything besides non-payment of rent? I thought for a case like this that the landlord had to give 30 day for eviction with 14 days to fix the problem.

  • tameka

    I moved in my condo in august. I came home last week the house smelled funny I called the gas company they came out on emergency said I had a flame rollout in the furnace and he said that furnace could have blew up and from conditions of the furnace it had never been maintenance. the LL sent someone out but for the safety of my kids I didn’t feel that was enough we had agreement for me to only pay half the rent this month until I dug deeper and found out the furnace had never been maintenance so we agreed rent was free for November til the LL called later that day and per her boss because the repair was done in 12 hrs she was making me pay. I refused so she gave me 3 days to vacate but she put us in harms way and we had an agreement

  • sarah

    The maintenance crew at my apartment complex recently left the key in my apartment door and the door unlocked after finishing a project. I am not sure how long my apartment was unsecured.

    Upon further investigation my wifi modem was moved and someone logged into the system during the time they were there. Hacking into my wifi with out permission is flat our illegal.

    Leaving the key in the door was careless reckless mistake that put my safety at risk and my personal property at risk. The key ring that held the apartment key also contained my my mailbox key, which I believe is a violation of my privacy.

    They also used my facilities which I find disgusting and is a violation of their employee handbook.

    Do I have any legal rights here?

  • Vince

    We are renting a house in Olathe ks and were notified that a new property management company will be taking over the management from the previous company. We are in the middle of a two year lease and want to know if we’ll need to reapply or if the current signed lease is honored?

    • Joe

      When a new company takes over the lease they are contractually obligated to follow it for the length of the lease, so your current lease will be honored.

  • Jose

    Manhattan. KS. I was going to sign a one year lease effective 6/30/16. The agreement states that if I intend on renewing the lease I must do so in January, five months prior to the lease expiration. Is this legal? This would lock me in for 18 months.

  • D. Bubeck

    Moved into apt. that is known to have bed bugs after 4 days of being there we noticed and reported the situation. They are treating but we feel they knew about the bedbugs prior to moving in and we also asked about them on the tour of the apt. we notice new carpet and were told that it isn’t a problem. Now that we signed the lease they are going to treat and we have been there not 2 weeks and are told live with everything away from walls etc. Is it possible to retract the lease.

  • sharon williams

    I was wondering if there were any actual Laws (please site a state of Kansas Statute) that would make it “illegal” for a Landlord to charge a monthly fee for (just) the maintenance of pest control. I’m aware that it’s the Landlord’s responsibility to keep the apartment complex’s condition in a healthy, livable condition (unless due to negligence or fault of the tenant) but it looks like there’s nothing to prevent a Landlord of an apartment complex to be able to charge this “fee” regardless of his responsibility or “Implied Warranty”. Thanks in advance!!!

    • Tim

      There is nothing that prevents the landlord for charging you for that service. The landlord is responsible for informing you in writing which utilities or fees you are required to pay when executing the lease. If the lease states you must pay for the pest control and you signed the lease you must pay the fee.

  • Kelly Love

    I had a jump in my rent from 179. to 597. I was told this by apartment Mgr on Tuesday and was told that it was due the next day. Can this be done or do they have to give me more time than the 1 day notice? This is hud housing

  • Casey J Jarvis

    My landlord is elderly and just said we have 60 days to move out because they are signing the property over to their kids and that will take place in 60 days. Can he do that?

  • Danielle Bowman

    My refrigerator went out the landlord gave me access to the one in another one next door. We got into a disagreement and he changed the lock on the apartment where my food is and has denyed me access for 6 days. What can I do?

  • Danielle

    My refrigerator went out the landlord gave me access to the one in another one next door. We got into a disagreement and he changed the lock on the apartment where my food is and has denyed me access for 6 days. What can I do?

  • Harry

    I rented a house in Sedgwick Co Ks. After 7 months the owners offered it to me for purchase. I said yes, we have a signed contract and close Aug 8th. They NOW want to prorate rent for 7 days and take it off deposit? Is that legal? We have a signed purchase agreement.

  • Falisha

    I paid my deposit and prorated first months rent at the ending part of April the landlord didn’t give me keys to move in unroll may 23rd at 12:23 am his excuse was they were cleaning the apartment when I came in nothing was done so I cleaned it myself i still to this day dont have a stove for my child and i to eat a meal the toilet never worked and still doesn’t the apartment next to me had air i didnt have air for almost a month i had someone come look at the situation there air was hooked up to my unit the person called the land lord and talked to him the landlord then sent me a text cuts in at me sayin dont have anyone over there fuckin nothing then asked me not to tell nobody about anything that was goin on over here

  • David Zuleger

    I had a reduction in disability benefits,I am renting low income housing that is based on my income.when I reported the change in income,I told the landlord that I should get a rent decrease because of Medicare premiums being deducted from my check,she disagreed and so I called HUD to let them know to properly recertify me. Now…my landlord wants to “end my tenancy at the end of my lease…can she do this to me? I live in kansas.the statute says she cannot retaliate by refusing to renew my lease because I reported to a governmental agency…but she says if I can prove your complaint was frivilous,then I do not have to renew your lease…can she do this? She would need to show good cause as to why? And she would have to “prove” this right??

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