Residential Landlord & Tenant Act

Residential Landlord& Tenant Act Johnson County Housing Authority Presentation by Casey Johnson, Kansas Legal Services

Statutes, Ordinances, and Handbook • Kansas Statutes Annotated (K.S.A.) can be found at: https://www.ksrevisor.org/ksa.html • The Residential Landlord and Tenant Act is at Chapter 58, Article 25, 58-2540 to 58-2573 • The Mobile Home Parks Residential Landlord and Tenant Act is at Chapter 58, Article 25, 58-25,100 to 58-25,127 • Eviction statutes are at Chapter 61, Article 38, 61-3801 to 61-3803 • Johnson County Codes can be found at: https://www.jocogov.org/dept/ planning-and-codes/bld/codes • Johnson County follows the 2012 International Property Maintenance Code • The Kansas Landlords Handbook can be found at: https://www.kansaslegalservices.org/ sites/kansaslegalservices.org/files/Kansas%20Landlords%20Handbook%20%282007%29.pdf

Important Definitions 58-2543.Definitions. As used in this act: (j) "Rent" means all payments to be made to the landlord under the rental agreement, other than the security deposit. (k) "Rental agreement" means all agreements, written or oral, and valid rules and regulations adopted under K.S.A. 58-2556 and amendments thereto, embodying the terms and conditions concerning the use and occupancy of a dwelling and premise.

Terms and Conditions in Absence of Rental Agreement 58-2545.Rental agreement; terms and conditions in absence of rental agreement. (a) The landlord and tenant may include in a rental agreement, terms and conditions not prohibited by this act or other rule of law. (b) If there is no agreement, the tenant shall pay “fair rental value.” (c) Rent shall be paid at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the property at the beginning of each month. (d) Unless the rental agreement fixes a definite term, the tenancy defaults to month-to-month.

Prohibited Terms and Conditions 58-2547.Same; prohibited terms and conditions; damages. (a) No rental agreement may provide that the tenant or landlord: (1) Agrees to waive or to forego rights or remedies under this act; (2) authorizes any person to confess judgment on a claim arising out of the rental agreement; (3) agrees to pay either party's attorneys' fees; or (4) agrees to the limitation of any liability of either party except that a rental agreement may provide that a tenant agrees to limit the landlord's liability for fire, theft or breakage with respect to common areas of the dwelling unit. (b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions the landlord knoes is prohibited, the tenant may recover actual damage.

Move-In Checklist 58-2548.Inventory of premises by landlord and tenant. • Within five (5) days of the initial date of occupancy or upon delivery of possession, the landlord and the tenant shall jointly inventory the premises. • A written record detailing the condition of the premises and any furnishings or appliances provided shall be completed. • Duplicate copies of the record shall be signed by the landlord and the tenant as an indication the inventory was completed. • The tenant shall be given a copy of the inventory.

Security Deposits 58-2550.Security deposits. (a) A landlord may not demand or receive a security deposit for an unfurnished dwelling in an amount or value in excess of one month's periodic rent. • If the rental agreement provides for the tenant to use furniture owned by the landlord, the landlord may demand and receive a security deposit not to exceed one-half (½) months' rent. • If the rental agreement permits the tenant to keep or maintain pets in the dwelling, the landlord may demand and receive an additional security deposit not to exceed one-half (½) of one month's rent. • Housing Authorities may have different rules.

Security Deposits Cont. (b) Upon termination of the tenancy, any security deposit held by the landlord may be applied to the payment of accrued rent and the amount of damages. • The amount of damages must be itemized by the landlord in a written notice delivered to the tenant. • If the landlord wants to keep any portion of the security deposit for expenses, damages, or charges, the landlord shall return the balance of the security deposit to the tenant no later than 30 days after termination of the tenancy. • The landlord shall mail the portion of the security deposit due the tenant to the tenant's last known address. (c) If the landlord fails to comply with subsection (b) of this section, the tenant may recover the portion of the security deposit wrongfully withheld AND one and one-half (1 ½) times that amount (d) Except as otherwise provided by the rental agreement, a tenant shall not apply or deduct any portion of the security deposit from the last month's rent or use or apply such tenant's security deposit at any time in lieu of payment of rent.

Disclosures 58-2551.Disclosures required of landlord or person authorized to enter rental agreement; person failing to comply becomes landlord's agent for certain purposes. (a) The landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing, at or before the commencement of the tenancy, the name and address of: (1) The person authorized to manage the premises; and (2) an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands. (b) The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner or manager. (c) A person who fails to comply with subsection (a) becomes an agent of each person who is a landlord for the purpose of: (1) Service of process and receiving and receipting for notices and demands; and (2) performing the obligations of the landlord.

Duties of Landlord 58-2553.Duties of landlord. (a) The landlord shall: (1) Comply with building and housing codes that materially affect health and safety; (2) exercise reasonable care in the maintenance of the common areas; (3) 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 such landlord; (4) provide and maintain appropriate receptacles and conveniences for the removal of trash and arrange for its removal; and (5) supply running water and reasonable amounts of hot water at all times and reasonable heat. (b) The landlord and tenants of a dwelling may agree in writing that the tenant is to perform the landlord's duties ONLY if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord. • General warranty of habitability at common law

Duties of Tenant 58-2555.Duties of tenant. The tenant shall: (a) Comply with all obligations primarily imposed upon tenants by building and housing codes that materially affect health and safety; (b) keep that part of the premises that such tenant occupies and uses as clean and safe as the condition of the premises permit; (c) remove from such tenant's dwelling all ashes, rubbish, garbage and other waste in a clean and safe manner;

Dutoes of Tenant Cont. (d) keep all plumbing fixtures in the dwelling or used by the tenant as clean as their condition permits; (e) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators in the premises; (f) be responsible for any destruction, defacement, damage, impairment or removal of any part of the premises caused by an act or omission of the tenant or by any person or animal or pet on the premises at any time with the express or implied permission or consent of the tenant; (g) not engage in conduct or allow any person or animal or pet, on the premises with the express or implied permission or consent of the tenant, to engage in conduct that will disturb the quiet and peaceful enjoyment of the premises by other tenants.

Rules and Regulations of Landlord 58-2556.Rules and regulations of landlord; when enforceable. A landlord may adopt rules or regulations concerning the tenant's use and occupancy of the premises. Any such rule or regulation is enforceable against the tenant only if: (a) Its purpose is to promote the convenience, safety, peace or welfare of the tenants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally; (b) it is reasonably related to the purpose for which it is adopted; (c) it applies to all tenants equally;

Rules and Regulations of Landlord Cont. (d) it is sufficiently clear to the tenant what the tenant must or must not do to comply with it; (e) it is not for the purpose of avoiding the duties of the landlord; and (f) the tenant has notice of it at the time the tenant enters into the rental agreement. After the tenant enters into the rental agreement, if a rule or regulation which effects a substantial modification of the rental agreement is adopted, such rule or regulation is not enforceable against the tenant unless such tenant consents to it in writing.

Landlord’s Right to Enter 58-2557.Landlord's right to enter; limitations. (a) The landlord shall have the right to enter the dwelling at reasonable hours, after reasonable notice to the tenant, in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or show the dwelling to potential purchasers, mortgagees, tenants, workmen, or contractors. (b) The landlord may enter the dwelling without consent of the tenant in case of an extreme hazard involving the potential loss of life or severe property damage. (c) The landlord shall not abuse the right of access or use it to harass the tenant.

Access and Entry 58-2571.Tenant's refusal to allow lawful access and landlord's unlawful or unreasonable entry (a) If the tenant refuses to allow lawful access to the dwelling, the landlord may obtain injunctive relief to compel access, or may terminate the rental agreement. In either case, the landlord may recover actual damages. (b) 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 may terminate the rental agreement. In either case, the tenant may recover actual damages.

Habitability Substantially Impaired 58-2562.Damage or destruction by fire or casualty; termination of rental agreement; notice; vacation of part of dwelling; reduction of rent; security deposit. (a) If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that the use and habitability of the dwelling unit is substantially impaired, the tenant: (1) May vacate the premises immediately and shall notify the landlord in writing within five (5) days thereafter of such tenant's intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or (2) if continued occupancy is lawful, may vacate any part of the dwelling unit 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.

Material Noncompliance by Tenant 58-2564. Material noncompliance by tenant (a) If the tenant materially fails to comply with the rental agreement or a noncompliance with their legal duties that materially affecting health and safety, the landlord may deliver a written, 14/30 day notice to the tenant specifying the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice, if the breach is not remedied in 14 days. (b) The landlord may terminate the rental agreement if rent is unpaid when due and the tenant fails to pay rent within three days, after written notice by the landlord of nonpayment and such landlord's intention to terminate the rental agreement if the rent is not paid within such three-day period. (c) The landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or their legal duties.

Material Noncompliance by Landlord 58-2559.Material noncompliance by landlord. (a) If the landlord materially fails to comply with the rental agreement or their legal duties that materially affect health and safety, the tenant may deliver a written,14/30 day notice to the landlord specifying the breach and that the rental agreement will terminate on a rent-paying date not less than thirty (30) days after receipt of the notice. (b) The tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or their legal duties.

Termination of Tenancy 58-2570.Termination of tenancy; holdover by tenant. (b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other party stating that the tenancy shall terminate on a rent-paying date not less than 30 days after the receipt of the notice, • Only 15 days' written notice by a tenant shall be necessary to terminate any such tenancy where the tenant is in the military service of the United States and termination of the tenancy is necessitated by military orders. (c) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. In addition, if the tenant's holdover is willful and not in good faith the landlord may recover an amount not more than 1 1/2 months' periodic rent or not more than 1 1/2 times the actual damages sustained by the landlord, whichever is greater. If the landlord consents to the tenant's continued occupancy subsection (d) of K.S.A. 58-2545 applies (month-to-month tenancy).

Immediate Possession • 58-2570.Termination of tenancy. (d) In any action for possession, the landlord may obtain an order of the court granting immediate possession of the dwelling unit to the landlord by filing a motion therefor in accordance with subsection (b) of K.S.A. 60-207, and service thereof on the tenant pursuant to K.S.A. 60-205. After a hearing and presentation of evidence on the motion, and if the judge is satisfied that granting immediate possession of the dwelling unit to the landlord is in the interest of justice and will properly protect the interests of all the parties, the judge may enter or cause to be entered an order for the immediate restitution of the premises to the landlord upon the landlord giving an undertaking to the tenant in an amount and with such surety as the court may require, conditioned for the payment of damages or otherwise if judgment be entered in favor of the tenant, i.e., a bond.

New Terms in Notice to Vacate 58-2570.Notice obligating tenant beyond terms of lease agreement. (e) If a landlord provides to a tenant a document which would be considered the tenant's written notice to the landlord that the tenant intends to vacate the premises, and if the document contains any additional terms that are not contained in the rental agreement between the landlord and tenant, then the document shall include the following statement in no less than ten-point boldface type: • “YOUR SIGNATURE ON THIS DOCUMENT MAY BIND YOU TO ADDITIONAL TERMS NOT IN YOUR ORIGINAL LEASE AGREEMENT. IF YOUR LEASE REQUIRES YOU TO GIVE WRITTEN NOTICE OF YOUR INTENT TO VACATE, YOU HAVE THE RIGHT TO DECLINE TO SIGN THIS DOCUMENT AND TO PROVIDE WRITTEN NOTICE IN ANOTHER FORM.” • If such statement does not appear in the document, a tenant's signature on the document shall not bind the tenant to any additional terms that are not contained in the rental agreement.

Notice to Leave Premises 61-3803.Notice to leave premises. • Before a lawsuit to evict a person is filed, the party desiring to file such lawsuit shall deliver to the other party a notice to leave the premises for which possession is sought. The notice shall be delivered at least three days before commencing the lawsuit, by leaving a written copy with the other party or by leaving a copy thereof with any person over the age of 12 years residing on the premises described in such notice, or if no such person is found upon the premises, by posting a copy of such notice in a conspicuous place thereon, or by mailing a copy of the notice to the other party at the address of the premises described in the notice. The three day notice period provided for in this section shall be computed as three consecutive 24-hour periods to commence at the time the notice is delivered, posted or mailed. If the notice is mailed, an additional two days from the date of mailing shall be allowed for the person to leave the premises before the lawsuit is filed. Intermediate Saturdays, Sundays, legal holidays, and days on which the office of the clerk of the court is not accessible shall be included in the computation of the notice period. The notice may be combined with any notice provided for in the Residential Landlord and Tenant Act.

Extended Absence and Abandonment 58-2565.Extended absence or abandonment by tenant. (a) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of seven days and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant. (b) During any absence of the tenant more than 30 days, the landlord may enter the dwelling at times reasonably necessary. • If the tenant is 10 days late or more on rent and has removed a substantial portion of their belongings from the dwelling, the landlord may assume that the tenant has abandoned the dwelling, unless the tenant has notified the landlord to the contrary. (c) If the tenant abandons the dwelling, the landlord shall make reasonable efforts to rent it at a fair rental. • If the landlord rents the dwelling prior to the expiration of the rental agreement, the rental agreement is terminated as of the date the new tenancy begins.

Personal Property Left at Dwelling (d) If the tenant moves out or is evicted from the dwelling and leaves personal property there, the landlord may take possession of the property, store it at tenant's expense and sell or otherwise dispose of the same upon the expiration of 30 days after the landlord takes possession of the property, if: • at least 15 days prior to the sale or other disposition of such property the landlord shall publish once in a newspaper a notice of the landlord's intention to sell or dispose of such property; and • Within seven days after publication, a copy of the published notice shall be mailed by the landlord to the tenant at the tenant's last known address. • If these requirements are met, the landlord may sell or dispose of the property. • The tenant may redeem the property upon payment to the landlord of the reasonable expenses incurred by the landlord of taking, holding and preparing the property for sale and of any amount due from the tenant to the landlord for rent or otherwise.

Acceptance of Late Rent 58-2566.Acceptance of late rent; effect. Acceptance of late payment of rent from the tenant without reservation by the landlord, or acceptance of performance by the tenant, other than for payment of rent, 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.

Landlord’s Remedies Upon Termination 58-2568.Landlord's remedies upon termination of rental agreement. Upon termination of the rental agreement, the landlord may have a claim and file an action for possession or for rent or both. The landlord also may have a separate claim for actual damages for breach of the rental agreement and may file an action for such damages prior to the termination date of the rental agreement.

Landlord’s Recovery of Dwelling 58-2569.Landlord's recovery or possession of dwelling; limitations. 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 otherwise permitted in this act.

Unlawful Removal or Diminished Services 58-2563.Unlawful removal or exclusion of tenant or diminished services. • If the landlord, prior to getting a court judgment, locks the tenant out or in bad faith diminishes services to the tenant by turning off the electric, gas, water or other essential services 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 (1 ½) months' rent or the damages sustained by the tenant, whichever is greater.

Retaliatory Evictions 58-2572.Certain retaliatory actions by landlord prohibited (a) A landlord may not retaliate by increasing rent or decreasing services after: (1) The tenant has complained to a governmental agency that enforces building or housing codes; (2) the tenant has complained to the landlord of a violation of their legal duties; or (3) the tenant has organized or become a member of a tenants' union or similar organization. (b)If the landlord acts in violation of subsection (a) of this section, the tenant is entitled to one and one-half times rent and has a defense in an action for possession.

Retaliatory Eviction Cont. (c) Notwithstanding the provisions of subsection (a), the landlord may increase the rent if such rent increase does not conflict with a lease agreement in effect and is made in good faith to compensate the landlord for expenses incurred as a result of acts of God, public utility service rate increases, property tax increases or other increases in costs of operations. (d) Notwithstanding subsections (a) and (b), a landlord may bring an action for possession if: (1) The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person or animal or pet upon the premises with his or her express or implied consent; (2) the tenant is in default in rent; or (3) compliance with the applicable building or housing code requires alteration, remodeling or demolition which would effectively deprive the tenant of use of the dwelling unit. The maintenance of an action under this subsection does not release the landlord from liability under subsection (b) of K.S.A. 58-2559.

Inapplicability of Act 58-2573. Inapplicability of act. The provisions of this act shall not: (b) apply to any person or persons who enter and remain in a dwelling unit without a rental agreement and without the landlord's knowledge and such person knows that such person is not authorized or privileged to do so and an order to leave has been personally communicated to such person by the landlord. Such person or persons may be prosecuted pursuant to K.S.A. 2018 Supp. 21-5808, i.e., criminal trespassing.

Victims of Domestic Violence Senate Bill No. 78, Sec. 2. Protections for Victims of Domestic Violence. (a) (1) An applicant shall not be denied tenancy on the basis of, or as a direct result of, the fact that the applicant is a protected person if the applicant otherwise qualifies for tenancy in or occupancy of the premises. (2) A tenant or lessee shall not be evicted from the premises or found to be in violation of a rental or lease agreement on the basis of, or as a direct result of, the fact that the tenant or lessee is a protected person if the tenant or lessee otherwise qualifies for tenancy in or occupancy of the premises.

Victims of Domestic Violence Cont. (b) (1) A tenant or lessee shall not be liable for rent for the period after the tenant or lessee vacates the premises that is the subject of the rental or lease agreement if the tenant or lessee: (A) Is a protected person; and (B) notifies the landlord or property owner as required in subsection (c). (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 after the tenant or lessee vacated the premises that is the subject of the rental or lease agreement if, by a preponderance of the evidence, the court finds that the tenant or lessee: (A) Was a protected person on the date the tenant or lessee vacated the premises that is the subject of the rental or lease agreement; and (B) notified the landlord or property owner as required in subsection (c). (3) This section shall not affect a tenant or lessee's liability for late or unpaid rent or other amounts owed to the landlord for the period before the tenant or lessee vacates the premises that is the subject of the rental or lease agreement.

Victims of Domestic Violence Cont. (c) An applicant, tenant or lessee qualifies for the protections under this section if the applicant, tenant or lessee is a protected person and provides a statement regarding domestic violence, sexual assault, human trafficking or stalking to the landlord or property owner. If the landlord or property owner requests, the applicant, tenant or lessee shall provide documentation of the domestic violence, sexual assault, human trafficking or stalking, which may be in any of the following forms: (1) A document signed by the victim and any of the following individuals from whom the victim has sought assistance relating to domestic violence, sexual assault, human trafficking or stalking, or the effects of such abuse: A person licensed by the state board of healing arts to practice medicine and surgery; a person licensed as a physician assistant by the state board of healing arts; a person licensed by the board of nursing; or a person licensed by the behavioral sciences regulatory board. The document must declare under penalty of perjury that the licensed person holds the opinion, in their professional judgment within their scope of practice, that the incident of domestic violence, sexual assault, human trafficking or stalking that is the basis for protection under this section occurred; or (2) a court order granting relief to the protected person relating to the SENATE BILL No. 78—page 3 alleged domestic violence, sexual assault, human trafficking or stalking that is the basis for protection under this section.

Victims of Domestic Violence Cont. (d) The submission of false information by an applicant, tenant or lessee under this section may be a basis for a denial of tenancy, eviction or a violation of a rental or lease agreement. (e) A landlord or property owner may impose a reasonable termination fee not to exceed one month's rent on a tenant or lessee who requests termination of a rental or lease agreement under the provisions of this section before the expiration date of such agreement. Such termination fee may only be imposed if it is contained in the terms of the rental or lease agreement. (f) As used in this section: (1) "Protected person" means a person who, during the preceding 12 months, has been, is or is in imminent danger of becoming a victim of domestic violence, sexual assault, human trafficking or stalking; and (2) "domestic violence," "human trafficking," "sexual assault" and "stalking" mean the same as in K.S.A. 2018 Supp. 75-452, and amendments thereto. (g) A tenant or lessee shall not waive, and a landlord or property owner shall not require a tenant or lessee to waive, any rights under this section in a rental or lease agreement. (h) Notwithstanding a termination of a protected person's rental or lease agreement under this section, the rental or lease agreement shall continue for any remaining tenants or lessees. (i) In an action against a landlord or property owner for a violation of this section, the court may award statutory damages of $1,000. The court may also award reasonable attorney fees and costs.

Special Issues with Evictions • Mold and infestations • Mold testing • Extremely high utility bills • Extremely high late fees • Code enforcement

Residential Landlord & Tenant Act