This act shall be known and may be cited as the residential landlord and tenant act.
Unless created to avoid the application of this act, the following relationships are not governed by this act: (a) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service; (b) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the purchaser's interest; (c) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization; (d) Transient occupancy in a hotel, motel, or rooming house; (e) Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises; (f) Occupancy by an owner of a condominium unit or holder of a proprietary lease in a cooperative; and (g) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes. The definition of 'dwelling unit' does not include real property used to accommodate a mobile home unless such mobile home is rented or leased by the landlord.
The Kansas Residential Landlord and Tenant Act shall be liberally construed and applied to promote its underlying purposes and policies: (1) to simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and obligations of landlord and tenant; (2) to encourage landlord and tenant to maintain and improve the quality of housing; and (3) to make uniform the law with respect to the subject of this act among those states which enact it.
Key definitions include: 'Dwelling unit' means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. 'Good faith' means honesty in fact in the conduct of the transaction concerned. 'Landlord' means the owner, lessor, or sublessor of the dwelling unit, or the building of which it is a part, and also a manager of the premises who fails to disclose as required. 'Organization' includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, or an association, two or more persons having a joint or common interest, and any other legal or commercial entity. 'Owner' means one or more persons, jointly or severally, in whom is vested all or part of the legal title to property, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises; includes a mortgagee in possession. 'Person' includes an individual or organization. 'Premises' means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant. 'Rent' means all payments to be made to the landlord under the rental agreement. 'Rental agreement' means all agreements, written or oral, and valid rules and regulations adopted pursuant to this act embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises. 'Tenant' means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.
Every duty under this act and every act which must be performed as a condition precedent to the exercise of a right or remedy under this act imposes an obligation of good faith in its performance or enforcement.
The landlord and tenant may include in a rental agreement terms and conditions not prohibited by this act or other rule of law including rent, term of the agreement, and other provisions governing the rights and obligations of the parties. In the absence of agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit. Rent shall be payable without demand at the time and place agreed. Unless otherwise agreed, periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless the rental agreement fixes a definite term, the tenancy is week-to-week in case of a roomer who pays weekly rent, and in all other cases month-to-month.
If the court finds that a rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result. If unconscionability is put into issue, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement.
A rental agreement shall not provide that the tenant: (a) waives or foregoes rights or remedies under this act; (b) authorizes any person to confess judgment on a claim arising out of the rental agreement; (c) agrees to pay the landlord's attorney fees; (d) agrees to the exculpation or limitation of any liability of the landlord arising under law; (e) agrees that in the event of a suit arising out of the tenancy, the tenant will not have a jury trial; or (f) agrees to the automatic forfeiture of any security deposit solely because the tenant terminates the tenancy before the expiration of the rental agreement. A provision prohibited by this section included in a rental agreement is void. If a landlord deliberately uses a rental agreement containing provisions known to be prohibited, the tenant may recover actual damages sustained.
A rental agreement, assignment, conveyance, trust deed, or security instrument may not permit the receipt of rent free of the obligation to comply with the landlord's duty to maintain fit premises.
A landlord may not demand or receive a security deposit in an amount or value in excess of one month's periodic rent, except that if a pet is allowed, the security deposit may not exceed one and one-half months' periodic rent. Upon termination of the tenancy, property or money held by the landlord as prepaid rent or security may be applied to the payment of rent and the amount of damages that the landlord has suffered by reason of the tenant's noncompliance with the rental agreement. The landlord shall return the deposit within 30 days after the termination of the tenancy. If the landlord retains any portion of the deposit, the landlord shall furnish the tenant with a written itemized statement of the deductions and the amount due within 30 days after termination. If the landlord fails to comply with this section, the tenant may recover the property and money due plus damages in an amount equal to one and one-half times the amount wrongfully withheld.
Within 30 days after the termination of the tenancy, the landlord shall return the unused portion of the security deposit to the tenant. If any portion is retained, the landlord shall provide a written itemized statement of the deductions. If the landlord fails to provide the statement within 30 days, the landlord forfeits the right to withhold any portion of the deposit. If the landlord willfully fails to comply, the tenant may recover the amount wrongfully withheld plus damages equal to one and one-half times that amount, court costs, and attorney fees.
The landlord or any person authorized to enter into a rental agreement on behalf of the landlord shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of: (a) the person authorized to manage the premises; and (b) an owner of the premises or a person authorized to act for and on behalf of the owner for service of process and for the purpose of receiving and receipting for notices and demands. This information shall be kept current.
At the commencement of the term the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and the landlord's duty to maintain fit premises. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages sustained.
The landlord shall: (1) comply with the requirements of applicable building and housing codes materially affecting health and safety; (2) make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) keep all common areas of the premises in a clean and safe condition; (4) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances supplied or required to be supplied by the landlord; (5) provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal; and (6) supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and April 30, except where the building is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.
Unless otherwise agreed, a landlord who conveys premises that include a dwelling unit in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this act as to events occurring subsequent to written notice to the tenant of the conveyance. The landlord remains liable for any security deposit held until transferred to the purchaser with written notice to the tenant. A manager of premises is relieved of liability as to events occurring after written notice to the tenant of the termination of the manager's management.
The tenant shall: (1) comply with all obligations primarily imposed upon tenants by applicable building and housing codes materially affecting health and safety; (2) keep the dwelling unit as clean and safe as the condition of the premises permits; (3) dispose of all ashes, garbage, rubbish, and other waste from the dwelling unit in a clean and safe manner; (4) keep all plumbing fixtures in the dwelling unit as clean as their condition permits; (5) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances in the premises; (6) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so; and (7) conduct themselves and require other persons on the premises to conduct themselves in a manner that will not disturb neighbors' peaceful enjoyment.
A landlord may adopt rules or regulations concerning the tenant's use and occupancy of the premises. A rule or regulation is enforceable against the tenant only if: (1) its purpose is to promote the convenience, safety, or welfare of the tenants in the premises; (2) it is reasonably related to the purpose for which it is adopted; (3) it applies to all tenants fairly; (4) it is sufficiently explicit to fairly inform the tenant of required conduct; (5) it is not for the purpose of evading the landlord's obligations; and (6) the tenant has notice of it at the time of entering the rental agreement. A rule or regulation adopted after the tenant enters the rental agreement and which substantially modifies the agreement is not enforceable against the tenant unless consented to in writing.
The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit in order to inspect, 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 may enter without consent in case of emergency. Except in emergencies, the landlord shall give the tenant at least 24 hours' notice of intent to enter and may enter only at reasonable times. The landlord shall not abuse the right of access or use it to harass the tenant.
Unless otherwise agreed, the tenant shall occupy the dwelling unit only as a dwelling unit. The rental agreement may require that the tenant notify the landlord of any anticipated extended absence from the premises in excess of seven days no later than the first day of the extended absence.
If there is a material noncompliance by the landlord with the rental agreement or a noncompliance with the landlord's duty to maintain fit premises materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than 30 days after receipt of the notice if the breach is not remedied in 14 days. The rental agreement will not terminate if the landlord adequately remedies the breach before the date specified. The tenant may not terminate for a condition caused by the deliberate or negligent act of the tenant. The tenant may also recover damages and obtain injunctive relief for noncompliance. If the landlord's noncompliance is willful, the tenant may recover reasonable attorney's fees.
If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in section 58-2552, rent abates until possession is delivered and the tenant may: (1) upon at least 5 days' written notice to the landlord, terminate the rental agreement and the landlord shall return all prepaid rent and security; or (2) demand performance of the rental agreement by the landlord and maintain an action for possession and recover damages sustained. If a person's failure to deliver possession is willful and not in good faith, an aggrieved person may recover an amount not more than one and one-half months' periodic rent or one and one-half times the actual damages sustained, whichever is greater.
If the landlord deliberately or negligently fails to supply running water, hot water, heat, or essential services, the tenant may give written notice to the landlord specifying the breach and then: (a) procure reasonable amounts of the services and deduct their actual and reasonable cost from the rent; (b) recover damages based upon the diminution in the fair rental value of the dwelling unit; or (c) procure reasonable substitute housing and be excused from paying rent for that period. If the failure is deliberate, the tenant may additionally recover the actual and reasonable cost or fair value of substitute housing not in excess of the periodic rent. The rights under this section do not arise until the tenant has given written notice.
If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may: (1) immediately vacate the premises and notify the landlord in writing within 14 days of intention to terminate the rental agreement, whereupon the rental agreement terminates as of the date of vacating; or (2) if continued occupancy is lawful, vacate any part rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.
In an action for possession based upon nonpayment of rent or in an action for rent where the tenant is in possession, the tenant may counterclaim for any amount recoverable under the rental agreement or this act. In that event, the court may order the tenant to pay accruing rent into court and shall determine the amount due to each party. If no rent remains due after application of this section, judgment shall be entered for the tenant in the action for possession.
If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water, or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than one and one-half months' periodic rent or one and one-half times the actual damages sustained, whichever is greater. If the rental agreement is terminated the landlord shall return all prepaid rent and security.
For material noncompliance by the tenant with the rental agreement or noncompliance with the tenant's obligations materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the breach and that the rental agreement will terminate not less than 30 days after receipt of the notice if the breach is not remedied in 14 days. If substantially the same act or omission recurs within six months, the landlord may terminate the rental agreement upon at least 14 days' written notice specifying the breach and the date of termination. If rent is unpaid when due and the tenant fails to pay within three days after written notice by the landlord of nonpayment and the landlord's intention to terminate if rent is not paid within that period, the landlord may terminate the rental agreement.
If the rental agreement requires the tenant to give notice of an anticipated extended absence and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant. If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to re-rent the unit at a fair rental. If the landlord re-rents the unit, the tenant is liable for any rent lost during the period between abandonment and re-renting.
Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by the tenant that varies from the terms of the rental agreement constitutes a waiver of the landlord's right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred.
A lien or security interest on behalf of the landlord in the tenant's household goods is not enforceable. Distraint for rent is abolished.
A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of electric, gas, water, or other essential service to the tenant, except in case of abandonment, surrender, or as permitted in this act.
The landlord or tenant may terminate a week-to-week tenancy by written notice given at least 7 days prior to the termination date specified in the notice. The landlord or tenant may terminate a month-to-month tenancy by written notice given at least 30 days prior to the periodic rental date specified in the notice. If the tenant remains in possession without the landlord's consent after expiration or termination of the rental agreement, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord may additionally recover an amount not more than one and one-half months' periodic rent or one and one-half times the actual damages sustained, whichever is greater.
If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or terminate the rental agreement, and in either case recover actual damages. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement, and in either case recover actual damages not less than an amount equal to one month's periodic rent.
A landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after: (1) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety; (2) the tenant has complained to the landlord of a violation of the landlord's duty to maintain fit premises; or (3) the tenant has organized or become a member of a tenant's union or similar organization. If the landlord acts in violation of this section, the tenant is entitled to the remedies provided for unlawful ouster and has a defense in any action for possession. A landlord may bring an action for possession if the tenant is in default in rent, the violation of the applicable housing code was caused primarily by the tenant, or compliance with the applicable housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit.
The Kansas Residential Landlord and Tenant Act does not apply to any person who enters and remains in a dwelling unit without a rental agreement and without the landlord's knowledge, and such person knows that they are not authorized or privileged to do so, and an order to leave has been personally communicated to such person by the landlord.
Before filing an eviction petition, the landlord must give the tenant written notice. For nonpayment of rent, the landlord must give a 3-day notice to pay or quit. For other lease violations, the landlord must give the appropriate notice under section 58-2565. The notice must be delivered either by personal delivery to the defendant, by leaving a copy with a person who lives at the rental property who is at least 12 years old, by conspicuous posting, or by registered or certified mail if no one can be found. After the notice period expires, the landlord files an eviction petition in district court in the county where the property is located. A 3-day written notice giving an opportunity to vacate is required before filing an eviction suit, and if the suit is for nonpayment of rent, a 3-day notice giving an opportunity to pay rent must also be given.
The trial for eviction must be conducted within 14 days of the appearance date stated in the summons. No continuance may be granted unless the defendant files a bond conditioned for the payment of all damages and rent that may accrue if judgment is entered against the defendant. If judgment is entered against the defendant, the court shall issue, at the request of the landlord, a writ of restitution ordering the tenant to vacate the premises. The writ must be executed within 14 days of being received by the process server.
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