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Kansas State Laws

Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the laws in your state handle everything from security deposits to termination notices so you can navigate these with ease.

This article is not intended to be exhaustive or a substitute for qualified legal advice. Laws and statutes are subject to change and may vary by county or city. You are responsible for performing your research and complying with all laws applicable to your unique situation.

If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and a qualified lawyer in your area. Your state bar association may have a referral service to help you find a lawyer with experience in landlord-tenant law.

Official Rules and Regulations

Details

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. (Kan. Stat. Ann. §§ 58-2550(a))
  • Security Deposit Interest: No statute
  • Separate Security Deposit Bank Account: No statute
  • Pet Deposits: In addition to a security deposit, landlords may charge a pet deposit totaling no more than one-half of one month’s rent. (Kan. Stat. Ann. §§ 58-2550(a))
  • Non-Refundable Fees: No statute
  • Deadline for Returning Security Deposit: The security deposit must be returned within 14 days of the landlord determining the amount of deposit withholding, and cannot exceed 30 days from termination of the tenancy, move-out, and demand for the deposit by the tenant. If the tenant does not make demand for the deposit within 30 days of termination of tenancy, the landlord must mail the portion of the security deposit due the tenant to the tenant’s last known address. (Kan. Stat. Ann. §§ 58-2550(b))
  • Permitted Uses of the Deposit:
  • 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 the landlord fails to comply with the rules governing the return of the security deposit, the 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. (Kan. Stat. Ann. §§ 58-2550(c))

Lease, Rent & Fees:

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

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is required as the lease simply ends. (Kan. Stat. Ann. §§ 58-2509)
  • Notice to Terminate Tenancy – Yearly Lease: Non-farm, year-to-year tenancies may be terminated with 30 days written notice prior to the end of the year. (Kan. Stat. Ann.§§ 58-2505)
  • Notice to Terminate Tenancy – Month-to-Month Lease: 30 days written notice before a periodic rent-paying date, unless the tenant is in U.S. military service and termination of the tenancy is necessitated by military orders. If that is the case, a minimum 15-day written notice is required. (Kan. Stat. Ann. §§ 58-2570(b))
  • Notice to Terminate Tenancy – Week-to-Week Lease: Seven days written notice before the termination date specified in the notice (Kan. Stat. Ann. §§ 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, the tenant and the landlord, or the landlord’s representative, must inspect the rental unit together, and inventory, in writing, the condition of the rental unit and any furnishings or appliances provided. Both parties must sign the completed written inventory and both parties must receive a copy of the signed inventory. (Kan. Stat. Ann. §§ 58-2548)
  • Notice of Termination for Nonpayment of Tenancies Longer than Three Months: 10 days’ written notice. The tenant may prevent termination by paying the outstanding rent within that period (Kan. Stat. Ann. §§ 58-2507)
  • Notice of Termination for Nonpayment of Tenancies Shorter than Three Months : 3 days’ written notice. The tenant may prevent termination by paying the outstanding rent within that period (Kan. Stat. Ann. §§ 58-2508)
  • Termination for Lease Violation: For tenant violations of the rental agreement or statutory tenant duties, the 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 violation that takes place within six months of the first, the 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. (Kan. Stat. Ann. §§ 58-2564)
  • Required Notice before Entry: Landlords must give tenants reasonable notice before entry during a reasonable hour. (Kan. Stat. Ann. §§ 58-2557)
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes (Kan. Stat. Ann. §§ 58-2557)
  • Entry Allowed with Notice for Showings: Yes (Kan. Stat. Ann. §§ 58-2557)
  • Emergency Entry Allowed without Notice: Yes, entry without consent is allowed in cases of extreme hazard involving potential loss of life or severe property damage. (Kan. Stat. Ann. §§ 58-2557(b))
  • Entry Allowed During Tenant’s Extended Absence: Rental agreements may require tenants to notify landlords of any anticipated, extended absences that are longer than seven days, no later than the first day of the extended absence. During any absence of a tenant over 30 days, the landlord may enter at times reasonably necessary. (Kan. Stat. Ann. §§ 58-2558 and Kan. Stat. Ann. §§ 58-2565)
  • Notice to Tenants for Pesticide Use: No statute.
  • Lockouts Allowed: No (Kan. Stat. Ann. §§ 58-2563)
  • Utility Shut-offs Allowed: No (Kan. Stat. Ann. §§ 58-2563 and Kan. Stat. Ann. §§ 58-2569)

Disclosures and Miscellaneous Notes:

  • Name and Addresses: Before the start of a tenancy, the landlord must disclose, in writing, the name and address of the landlord and any property manager for the service of process and the receipt of notices and demands. (Kan. Stat. Ann. §§ 58-2551)
  • Copy of the Lease: Landlords must give tenants a copy of the lease that has been signed by both parties. 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 the lease had been signed and delivered by the landlord. The term of any lease is limited to one year, regardless of the term stated in the lease. (Kan. Stat. Ann. §§ 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: (Kan. Stat. Ann. §§ 58-2553)
    • Compliance: Comply with the requirements of applicable building and housing codes that materially affect 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 the 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. The other exception is when the dwelling unit is constructed such 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: (Kan. Stat. Ann. §§ 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 the tenant occupies and uses as clean and safe as the condition of the premises permits;
    • Trash: Dispose of the tenant’s dwelling unit of all ashes, garbage, rubbish, and other waste cleanly and safely;
    • Plumbing: Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
    • Appliances: Use reasonably 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: Do 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: Landlords may not retaliate against a tenant by increasing the rent or decreasing services after a tenant has complained to a governmental agency charged with the enforcement of building or housing codes complained to the landlord of a violation of statutory landlord duties, or has 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.

Helpful Links

State Agencies & Regulatory Bodies


Housing Authorities 

Realtor and Landlord/Tenant Associations

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