Presence of potential health hazards, including lead-based paint and mold. Kansas Landlord Tenant Act & Renters' Rights | Check4Lead Landlord files complaint with court (if unresolved). There is serious question whether this type of arrangement is legal the way the laws that the Kansas Corporation Commission administers are written. Make sure, whether your agreement is written or verbal, that who pays which utilities is clear. To top it off, issuing a notice to vacate ensures that your rental history is in good standing. A recent occurrence of flooding inside and outside the property. Dont forget to include your new forwarding address in the letter. The building should be safe to live in. Repeated damages to the rental unit or premises. For instance, if a refrigerator goes out, for the first 24 hours the law may look upon the event as an "act of God." (2) In any action brought against a tenant or lessee under Kansas law that seeks recovery of rent, the tenant or lessee shall have an affirmative defense and not be liable for rent for the period . Maintain areas of the building and the grounds outside which are open to all tenants. KANSAS RESIDENTIAL LANDLORD & TENANT ACT Reprinted from Kansas Statutes Annotated 2021 Reprinted by Salina Community Relations Division 300 W. Ash St. Room 101, Salina, KS 67401 Tel 785-309-5745 Fax 785-309-5769 TDD 785-309-5747 Index 58-2540. You should learn about those that apply to your properties. Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $4,000. 58-2543: TENANTis defined as "a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others." Unfortunately, your duty to pay the rent cant be deemed null if your landlord fails on his or her duty to make the necessary repairs. If the reason for the eviction is non-payment, a written eviction notice of up to 10-14 days must be issued to the tenant. Refer to the official Kansas Landlord-Tenant Law Book to get the full list. 3-28 days, depending on whether the judicial officer decides a follow-up hearing is necessary in order to determine whether the tenant should be evicted. For additional local resources, you can also contact a housing counseling agency. There is no right to a legal grace period (i.e., five days) or exceptions for weekends or court-observed holidays. To do so, they must first terminate the tenancy by giving proper notice to move out ( 30 days for tenants that pay month-to-month). However, these issues are real ones and if they arise it is very important to know what the law says, in order to better be able to handle it. The landlord shall not interfere with or refuse to allow access or service to a tenant by a communication or cable television service duly franchised by a municipality. Note: These rights exist regardless of a rental agreement stating otherwise. Aside from making rental payments in a timely manner, Kansas tenants must: Kansas landlords may evict tenants for the following reasons: Landlords are prohibited from evicting in retaliation or for discriminatory reasons. You must comply with all policies explicitly stated in the lease agreement. Sometimes they can be every two weeks if previously agreed upon. jzE3ftdW4N}3T2d'NWLczSuSxJ`S9c'vD6pI%vrbOI=cW(6wa 4UAli?.%h]Kb4VOs8 Q"I''v\@0lLrZxSjuGF@0. If you are, chances are youll be evicted with him or her. Landlords may not forcibly evict by throwing out the tenants belongings, cutting of utilities or locking them out. 230, 2; July 1. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit. The best thing to do, if possible, is to leave a written standing order with the utility company that you will be notified whenever a shut-off is imminent. Maintain all electrical, plumbing, sanitary, heating, ventilation, and air conditioning systems in good and safe working order. August 22, 2022 As stated in the. All landlords must make accommodations for disabilities if the need is there. include: A landlord can begin the eviction process in Kansas by serving the tenant with written notice. They are not allowed to deny rent or make odd changes to their housing policies due to any sort of discriminatory act. Unfortunately, no room can be pleasant if the person youre sharing it with is driving you batty. (b) The sheriff of the county in which the action is filed must serve any process by any method authorized by this section, or as otherwise provided by law, unless a party, either personally or through an attorney, notifies the clerk that the party elects to undertake responsibility for service. The landlord is required to issue a formal eviction notice of up to 3 days, along with the required formal documentation stating the reason for the eviction. 2019 2018 2017 Other previous versions. 58-2540 through 58-2599) Starts at K.S.A. Leaving the utility in your name or having an arrangement with the utility where it automatically reverts into your name when the tenant orders a shut-off is risky since high bills could accumulate in your name before you get your first statement and realize what has happened. Laws that are meant to govern the landlords and tenants for each state, can differ greatly depending on the area or the state one is in. In other words, you need to send a notice to vacate. The landlord is required to give the tenant a proper eviction notice of up to 3 days depending on the situation and circumstances. You could be liable for damages (money losses) to the tenant if you do not take care of maintenance or repairs in a reasonable amount of time. S.32 - Choice in Affordable Housing Act of 2023 118th Congress (2023 Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 58-2563 and has a defense in an action against such tenant for possession. Worse, your prospects for future rentals will be severely compromised. (a) Except when prevented by an act of God, the failure of public utility services or other conditions beyond the landlord's control, the landlord shall: (1) Comply with the requirements of applicable building and housing codes materially affecting health and safety. For instance, Kansas law dictates that they can only charge a maximum of one months rent if the property is unfurnished. Last but not least, make sure to have your copy of the lease agreement and store it in a secure location. This could be anything, but some popular reasons include: Severe or repeated instances of interfering with the rights of others. The writ of restitution is the tenants final notice to leave the rental unit and gives them the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove the tenant. Kansas Revisor of Statutes Kansas Residential Landlord and Tenant Act (K.S.A. Find the best Kansas real estate attorney for your situation. (3) the tenant has organized or become a member of a tenants union or similar organization. Some terms can only be changed if the increase is accounted for by predefined criteria stated in the contract. Kansas Statutes 58-2553 (2019) - Duties of landlord - Justia Law The first order of business is to send a 30-day notice, informing him or her that youve decided to end the lease. Kansas Housing Resources Corporation. 0000002385 00000 n Maintain all appliances that are provided with the property.This includes such things as stove, refrigerator,and window airconditioners. A building code may require certain kinds of plumbing or wiring in new construction; however, if you have an older property that has plumbing or wiring that is no longer recommended, as long as it works and is safe, it will be okay as far as housing codes go. Court serves tenant with summons & complaint. After that, if you have not tried to provide repairs or replace ment at least on a temporary basis, you might be liable for the tenant's food spoilage and/or for the tenant having to eat out for a time. At that point, you can decide whether to have the utility reconnected in your name or make other arrangements. Even so, proper notice must first be given before ending the tenancy. In all lease violation instances, the tenant is allowed to fix (cure) the issue to avoid removal. Any common areas between tenants should be maintained and up kept by the landlord. It is not meant to serve, in any way, as a replacement of the law. 785-233-2068 Toll Free 800-723-6953 Landlord-Tenant Laws Kansas | Nolo 0000001794 00000 n The initial hearing must be held within 3-14 days Any appliances must be regularly maintained and kept safe. Continuances will only be granted if the tenant pays a bond into the court. Youll arrive at an informed decision and give you the foreknowledge to avoid legal missteps you might otherwise regret. Most of the information is still up-to-date, but the HCCI website has newer versions available for download for a fee. Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit. The Kansas Mobile Home Parks Residential Landlord and Tenant Act applies to landlords who rent lots to tenants who own their own mobile homes. By providing such a list, a landlord can make the tenant accountable for damages while residing in the property. procedure for limited actions shall govern any landlord and tenant act." Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Another example would be where heavy rains cause unexpected flooding in below-level rooms or apartments. Here are illegal landlord behaviors you need to watch out for: Almost a week has passed, but they havent lifted a finger? Local Tenant Rights, Laws, and Protections: Kansas That code requires smoke alarms, does not require fire extinguishers, and generally requires two safe exits from any building. Its in his or her best interests to have a new tenant move in as soon as you move out of the property. Click on any of the states listed below and go directly to its landlord tenant laws page. Description In states that have enacted Article 2A, Leases, of the Uniform Commercial Code, any transaction that creates a lease of personal property is governed by that state's version of Section 2A. As is the case with any legal Smoke detectors must be supplied to safeguard against fire hazards. Also, they must issue a 24 to 48 hours notice before paying a visit to the occupied space. The tenants should try to get the furniture up on blocks or do what ever can be done on an emergency basis to prevent damage to the property and furniture. Local governments that adopt their own fire codes can make them stricter, but not more permissive, than the state's. Add the termination date. Since then, citing this case and provisions of the Kansas Residential Landlord and Tenant Act, many tenants have successfully defended themselves and won counterclaims based on the "implied warranty of habitability" that all landlords in Kansas are expected to provide places that are basically decent, safe and sound. Kansas Notice of Non-Renewal of Lease - US Legal Forms These rights include the right to collect rent in a timely manner and recover the cost of damages that exceed normal wear and tear. You wont have to spend too many hours reading up on the subject. Tenant Rights and Information. (5) supply running water and reasonable amounts of hot water at all times and reasonable heat, unless the building that includes the dwelling units 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. History: L. 1975, ch. How to Get Someone Out: Evicting a Family Member With No Lease Find a District Court 230, 2; July 1. [3] notice to cure or vacate. Below are habitability issues that Kansas landlords may or may not be responsible for. [1]notice to pay rent or vacate the premises. Tenant's Right to Break a Rental Lease in Kansas. On the other side of the spectrum, a landlord can also issue a notice to vacate to a tenant. The amount must be deducted from fires rent payments. In Kansas City, 46% of residents are renters. Kansas Landlord Tenant Laws [2023 ]: Renter's Rights & FAQs Landlords have responsibilities and rights to maintain and uphold after signing an agreement to give tenancy to an individual. Issue a written request to make the necessary repairs (reminder: always have an extra copy of this letter). - LANDLORDS AND TENANTS Next 58-2540. Statute | Kansas State Legislature Most landlords will require a security deposit from a potential tenant before they allow you to move in.