Kansas Standard Residential Lease Agreement

Introduction

A Kansas residential lease agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting residential property. This agreement is governed by the Kansas Residential Landlord and Tenant Act (K.S.A. 58-2540 through 58-2573), which defines the rights and obligations of both parties. ^[1]

This comprehensive document covers all essential aspects of Kansas residential lease agreements, including state-mandated disclosures, security deposit regulations, landlord and tenant obligations, rent payment terms, lease termination procedures, and remedies for noncompliance. All information is supported by current Kansas statutes.

Required Disclosures

Kansas law mandates specific disclosures that landlords must provide to tenants before or at the commencement of the tenancy. These disclosures ensure transparency and protect tenant rights.

Lead-Based Paint Disclosure (federal Requirement)

Federal law requires landlords of residential properties built before 1978 to disclose known information about lead-based paint and lead-based paint hazards. ^[2]

Landlords must:

Provide tenants with an EPA-approved pamphlet titled "Protect Your Family From Lead in Your Home"

Disclose any known lead-based paint or lead-based paint hazards in the dwelling

Provide any available records or reports concerning lead-based paint

Include specific lead warning language in the lease agreement

Obtain signed acknowledgment from tenants confirming receipt of the disclosure

Retain disclosure records for at least three years from the commencement of the lease

Landlord and Agent Identification Disclosure

Kansas law requires landlords to disclose in writing at or before the beginning of the tenancy the names and addresses 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 purposes of service of process and for receiving and receipting for notices and demands. ^[3]

This information must be kept current. If a landlord or property manager fails to comply with this disclosure requirement, the person who collected the rent becomes the landlord's agent for service of process, receiving notices and demands, and performing the landlord's obligations under the rental agreement. ^[3]

Inventory and Condition Report

Within five (5) days of the initial date of occupancy or upon delivery of possession, the landlord (or designated representative) and the tenant must jointly inventory the premises. Both parties must complete and sign a written record documenting the condition of the premises and any furnishings or appliances provided. The tenant receives a copy of this inventory. ^[4]

This inventory is critical for determining what deductions, if any, may be made from the security deposit at the end of the tenancy.

Security Deposit

Kansas law strictly regulates security deposits to protect both landlords and tenants. The following rules apply:

Maximum Security Deposit Amount

Kansas law limits the amount a landlord may collect as a security deposit: ^[5]

Unfurnished dwelling units: Maximum of one (1) month's periodic rent

Furnished dwelling units: Maximum of one and one-half (1.5) months' periodic rent

Pet deposit (if pets permitted): Additional deposit not to exceed one-half (0.5) of one month's rent

Security Deposit Return Timeline

Upon termination of the tenancy, security deposits may be applied to accrued rent and damages resulting from tenant noncompliance with the rental agreement, as itemized by the landlord in a written notice delivered to the tenant. ^[5]

The landlord must return the security deposit according to the following timeline:

If deductions are made: The balance must be returned within 14 days after determining the expenses or damages, but no later than 30 days after termination of the tenancy, delivery of possession, and demand by the tenant

If tenant does not demand return within 30 days: The landlord must mail the deposit to the tenant's last known address

Penalties for Noncompliance

If the landlord fails to comply with the security deposit return requirements, the tenant may recover the wrongfully withheld portion of the deposit plus damages equal to one and one-half (1.5) times the amount wrongfully withheld. ^[5]

Rent Payment

Kansas law allows landlords and tenants flexibility in establishing rent terms. The rental agreement may include terms and conditions not prohibited by law, including the amount of rent, term of the agreement, and other provisions governing the rights and obligations of the parties. ^[6]

Rent Payment Terms

If no agreement exists regarding the rent amount, the tenant must pay the fair rental value for use and occupancy of the dwelling unit. ^[6]

When no specific payment terms are agreed upon:

Rent is payable without demand or notice at the time and place agreed upon

Unless otherwise agreed, rent is payable at the dwelling unit

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

Rent is uniformly apportionable from day to day

Grace Period

Default Tenancy Type

Unless the rental agreement fixes a definite term, the tenancy is: (1) week-to-week in the case of a roomer who pays weekly rent, and (2) month-to-month in all other cases. ^[6]

Landlord Obligations

Kansas law imposes specific duties on landlords to maintain rental properties and ensure tenant safety. ^[7]

The landlord shall:

Comply with the requirements of applicable building and housing codes materially affecting health and safety

Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition

Keep all common areas of the premises in a clean and safe condition

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

Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste, and arrange for their removal

Supply running water and reasonable amounts of hot water and heat at all times, except where the building is not required by law to be equipped for that purpose or where heat or hot water is generated by an installation within the exclusive control of the tenant

Tenant Agreements for Maintenance

The landlord and tenant may agree in writing that the tenant will perform specified repairs, maintenance tasks, or alterations. However, such agreements must be made in good faith and cannot substitute for the landlord's obligation to comply with health and safety codes. ^[7]

Tenant Obligations

Kansas law establishes specific duties that tenants must fulfill during their tenancy. ^[8]

The tenant shall:

Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety

Keep the part of the premises occupied and used by the tenant as clean and safe as the condition of the premises permits

Dispose of all ashes, rubbish, garbage, and other waste from the dwelling unit in a clean and safe manner

Keep all plumbing fixtures in the dwelling unit as clean as their condition permits

Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances

Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any other person to do so

Conduct themselves and require other persons on the premises with their consent to conduct themselves in a manner that will not disturb the peaceful enjoyment of the premises by other tenants

Landlord's Right to Enter

Kansas law grants landlords limited rights to enter the rental premises while protecting tenant privacy. ^[9]

The landlord has the right to enter the dwelling unit at reasonable hours, after reasonable notice to the tenant, for the following purposes:

To inspect the premises

To make necessary or agreed repairs, decorations, alterations, or improvements

To supply necessary or agreed services

To exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors

Emergency Entry

The landlord may enter without tenant consent in case of an extreme hazard involving the potential loss of life or severe property damage. ^[9]

Prohibition on Abuse of Access

Assignment and Subletting

Under Kansas law, tenants with a lease term not exceeding two years, or tenants at will or by sufferance, may not assign or transfer their term or interest (or any part thereof) to another person without the written consent of the landlord. ^[10]

Consequence of Violation: If a tenant violates this provision, the landlord, after giving ten (10) days' notice to quit possession, has the right to re-enter the premises and dispossess the tenant, subtenant, or undertenant. ^[11]

Prohibited Lease Terms

Kansas law prohibits certain terms and conditions in rental agreements. Any provision that violates these rules is unenforceable. ^[12]

A rental agreement may not include provisions that:

Allow either party to waive or forego rights or remedies under the Kansas Residential Landlord and Tenant Act

Authorize confession of judgment

Require the payment of attorney fees (with limited exceptions)

Limit liability or require indemnification (except for common area damages)

Tenant Remedy: If a landlord deliberately includes prohibited provisions, the tenant may recover actual damages. ^[12]

Landlord Remedies for Tenant Noncompliance

Nonpayment of Rent

If the tenant fails to pay rent when due, the landlord must provide written notice. The tenant has three (3) days after receipt of written notice to pay the rent owed. If the tenant fails to pay within this period, the rental agreement terminates. The three-day period consists of three consecutive 24-hour periods. If notice is mailed rather than personally served, an additional two days is allowed. ^[13]

Material Noncompliance With Rental Agreement

For material noncompliance with the rental agreement or noncompliance with health and safety requirements, the landlord must deliver written notice specifying the breach. The tenant has fourteen (14) days to remedy the breach. If the breach is not remedied, the rental agreement terminates not less than thirty (30) days after receipt of the notice. ^[13]

Repeat Violations: If the tenant commits substantially the same breach within the lease term, the landlord is not required to provide a cure period and may terminate the lease with 30 days' notice. ^[13]

Waiver of Breach

Acceptance of late payment of rent without reservation by the landlord, or acceptance of tenant performance that varies from the rental agreement terms, constitutes a waiver of the landlord's right to terminate for that specific breach, unless otherwise agreed after the breach has occurred. ^[14]

Tenant Remedies for Landlord Noncompliance

Material Noncompliance by Landlord

If the landlord materially fails to comply with the rental agreement or habitability standards, the tenant may deliver written notice specifying the breach. The rental agreement will terminate on a date not less than thirty (30) days after notice if the breach is not remedied. ^[15]

If the breach is remediable, the landlord has fourteen (14) days to begin good faith repair efforts. If repairs are made, the lease will not terminate. However, if substantially the same breach occurs again, the tenant may issue a second notice triggering termination. ^[15]

Unlawful Removal or Exclusion (Lockout)

If the landlord unlawfully removes or excludes the tenant from the premises, or willfully diminishes services by interrupting electric, gas, water, or other essential services, the tenant may: (1) recover possession of the premises, or (2) terminate the rental agreement. In either case, the tenant may recover the greater of one and one-half (1.5) months' rent or actual damages sustained. ^[16]

Lease Termination

Kansas law establishes specific notice requirements for terminating tenancies.

Week-To-Week Tenancy

Either the landlord or tenant may terminate a week-to-week tenancy by written notice given to the other at least seven (7) days prior to the termination date specified in the notice. ^[17]

Month-To-Month Tenancy

Either the landlord or tenant may terminate a month-to-month tenancy by written notice stating that the tenancy will terminate on a periodic rent-paying date not less than thirty (30) days after receipt of the notice. ^[17]

Holdover Tenancy

If a tenant remains in possession after the lease expires without the landlord's permission, the landlord may pursue possession and recover damages. For willful holdover (not made in good faith), the landlord may recover up to one and one-half (1.5) months' periodic rent or one and one-half (1.5) times actual damages, whichever is greater. ^[17]

Notice Documents With Additional Terms

If a landlord provides a notice to vacate that includes terms beyond the original lease, it must include the following statement in ten-point boldface type: "YOUR SIGNATURE ON THIS DOCUMENT MAY BIND YOU TO ADDITIONAL TERMS NOT IN YOUR ORIGINAL LEASE AGREEMENT." ^[17]

Prohibition on Retaliatory Actions

Kansas law prohibits landlords from retaliating against tenants who exercise their legal rights. ^[18]

Landlords may not increase rent or decrease services because a tenant:

Reports building or housing code violations affecting health and safety to a government agency

Complains to the landlord about violations of the landlord's statutory obligations

Organizes or joins a tenants' union or similar organization

Exception for Legitimate Rent Increases

A landlord may raise rent if the increase is made in good faith to compensate for expenses resulting from acts of God, public utility rate increases, property tax increases, or other increases in operating costs, and the increase does not violate existing lease terms. ^[18]

Tenant Remedies

A tenant who has been subjected to prohibited retaliatory actions may: (1) pursue remedies under K.S.A. 58-2563, and (2) use retaliation as a defense in any possession action brought by the landlord. ^[18]