What types of rental accommodations are covered by legislation governing residential tenancies in Kansas?
The Kansas Residential Landlord and Tenant Act covers rental agreements for dwelling units, such as houses, apartments, suites, and similar accommodations. Mobile home lots are only included if a tenant rents BOTH the mobile home and the lot on which it stands.
What types of rental accommodations are NOT covered by this legislation?
The following are not governed by the Act:
(a) commercial rental agreements;
(b) public or private institutions, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar services;
(c) occupancy under a contract of sale, if the occupant is the purchaser or a person who succeeds to the purchaser’s interest;
(d) occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
(e) hotels, motels or rooming houses;
(f) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises;
(g) occupancy by an owner of a condominium unit or holder of a proprietary lease in a cooperative;
(h) rental agreements covering premises used by the occupant primarily for agricultural purposes;
(i) mobile home lots where the renter owns the mobile home and only rents the lot. This is covered by the Mobile Home Parks Residential Landlord and Tenant Act.
Is it necessary to have a written lease or rental agreement?
No, a lease or rental agreement can be written or oral. However, it is in the best interests of both parties to have the agreement in writing.
What about a signed move-in move-out inspection report?
Kansas law requires the landlord and tenant to make and sign a detailed written list describing the condition of the premises within 5 days after the move-in date. Both parties must have a signed copy of the list. When the tenant moves out, both parties should re-inspect the premises and sign another checklist.
Can the landlord charge a deposit?
The landlord can charge a security deposit which must not exceed 1 month’s rent for an unfurnished apartment, or 1 1/2 month’s rent for a furnished apartment. If pets are allowed, the landlord can charge an additional 1/2 month’s rent. The law does not require landlords to pay interest on security deposits.
The landlord can apply the security deposit on physical damage beyond normal wear and tear, rent that is past due, or other expenses the landlord has suffered because a tenant has not complied with the law or the terms of the rental agreement. The deposit (or balance of the deposit) and an itemized list of any deductions must be sent to the tenant within 14 days after the determination of any damages, but in no case later than 30 days after the tenant has vacated the premises.
When is the landlord allowed to increase the rent?
There are no state laws limiting how much or how often the rent can be raised. For a month-to-month tenancy, the landlord must give at least 30 days advance written notice of a proposed increase. If the lease is for a fixed term, the landlord cannot increase the rent until the end of the term unless specific provisions in the lease provide for a rent increase.
Can the landlord levy additional charges for late rent?
Rent is considered late the day after it is due. Kansas law states that if the landlord has not specified that the tenant should deliver or mail the rent, the landlord is expected to pick it up at the rental premises.
The landlord has the right to charge a late fee, however, the tenant must be informed of them as part of the original rental agreement. If at a later date the landlord wants to start charging a late fee, a 30-day written notice in advance of a rent date is required in a month-to-month tenancy. Under a long-term lease, the landlord would have to wait until the end of the lease to start charging late fees.
How can a lease be terminated?
In a month-to-month tenancy, the tenant must give 30 days’ written notice in advance of a rent-paying date, and the tenant must specify the move-out date. For a written lease with a term longer than month-to-month, the tenant must give 30 days’ written notice but it does not have to be from rent date to rent date. However, the lease may specify a different notice period, in which case (if it is fair and equitable), a court would likely uphold the notice period set out in the lease.
Week-to-week tenants must give at least 7 days’ written notice in advance of a move-out date specified in the notice. If the rent period is two weeks, then 2 week’s written notice is required.
Military personnel on active duty with month-to-month tenancies are required to give only 15 days’ written notice if they receive orders to relocate.
Unless a tenant has not paid the rent, a landlord must ALWAYS give tenants at least 30 days’ written notice to terminate the tenancy, unless the person occupying the premises is not the person to whom the landlord rented the property in the first place, or where life-threatening circumstances require that a property be vacated immediately.
When is the landlord permitted to enter the premises?
The landlord may, after giving reasonable notice (up to 48 hours in advance, although 24 hours is the norm) and arranging a convenient time, enter the premises to make an inspection, do necessary or requested repairs or improvements, or to show the property to potential tenants, buyers, lenders, workmen or contractors. In an emergency, the landlord may enter without the tenant’s permission.
On what grounds can a landlord evict a tenant?
In Kansas, a landlord is generally not required to give a reason for an eviction. However, most government subsidized housing requires a reason or reasons to be stated in writing for an eviction.
Common reasons for eviction include:
(a) non-payment of rent;
(b) illegal activity such as criminal activity, possession, sale and/or manufacture of drugs, possession of firearms, etc.;
(c) violation of a provision of the lease;
(d) causing a nuisance or disturbance to other tenants of the building;
(e) damage to the premises.
The landlord must give the tenant a proper eviction notice, take the case before the court and get a judgment. If the tenant does not move, the landlord must wait for the sheriff to evict the tenant. The landlord cannot lock out a tenant, take the tenant’s belongings, or shut off utilities or essential services.
Tenants are not protected from eviction because of illness or pregnancy.
A landlord cannot retaliate against a tenant by increasing the rent, decreasing or cutting off services or commencing eviction proceedings because a tenant has (i) complained to the landlord about necessary repairs not being made; (ii) lodged a complaint with a government agency; or (iii) joined a tenant’s organization.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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