Besides being home to Dorothy and Toto, Kansas is America’s second largest producer of beef cattle (second only to Texas).
At a Glance:
Late Fees: Kansas does not have a law limiting the amount the landlord may charge to a tenant who is late on rent.
Security Deposit: Unfurnished units have a limit of one month’s rent and unfurnished, one and a half months’ rent.
Returned Payment Fee Limit: An “NSF” charge may not be more than $30.
Notice to Enter: Reasonable amount of notice must be provided and it must be during practical hours.
Late Fee/Returned Check Fee:
Kansas has no law that limits the late fee amount, but it must be written into the lease agreement. If a tenant renders payment which “bounces” for insufficient funds, a landlord may collect a service charge of no more than $30.
Security deposit maximums are as follows:
Unfurnished apartment/rental – one month
Furnished apartment/rental – one and a half months
A separate pet deposit may be accepted but only if a pet is permitted.
The security deposit must be returned in accordance with Article 25. Section 58-225 of Kansas statutes. This provides that within 14 days after an inspection of the residence is made to determine any deductions (however not longer than 30 days after the tenancy ends) either the entire amount of the deposit must be returned to the tenant or a portion of the leftover amount, as applicable, along with a detailed statement of deductions.
Kansas landlord must keep and maintain the property in a habitable condition as outlined in Article 25, Section 58-2553 of Kansas statutes. It is acceptable that a landlord of a rental unit other than a single family residence may enter into an agreement with a tenant to provide maintenance and repairs. This must be spelled out entirely and there must be some type of compensation.
Right of Entry:
Kansas is pretty non-specific regarding notice to enter with the exception of saying that the landlord must give reasonable notice to enter during reasonable hours. Usually reasonable hours are those that do not interfere with a tenant’s privacy and interfere with daily life. Therefore, it would be safe to say that unless an emergency exists, providing a tenant with an advance notice of a few hours to enter the unit at midnight would not be considered “reasonable”.
Notice to End Lease:
As a majority of the states, Kansas follows par that if a lease runs month to month, a thirty-day notice is needed by either party to end the lease; if the lease is week to week, a seven-day notice would then be required. If the lease has a beginning and ending date, no notice would be needed unless a lease says differently. Normally in this case, the lease ends and the tenant moves out at the end.
Eviction, the 7 letter dirty word for all landlords. Knowing what is involved ahead of time can save some time and aggravation. Notice is the first phase. Kansas is a bit different as it distinguishes time of residence for non-payment cases. For tenancies that are less than three months, a 3-day notice (written) must be given to the tenant. Tenancies longer than 3 months would be provided a ten-day written communication. Lease violations other than non-payment are a bit more complicated. First time violators are given warning in written form that they must comply within fourteen days’ time. If they fail to do so, then the landlord may terminate the lease and start eviction at the end of the thirty-day period. IF the tenant again violates less than six months after the original violation, a thirty-day notice can be sent without giving the tenant a chance to fix. It would simply state that eviction shall occur. After the notice period ends for any violation, the landlord may then go and file in court for the actual eviction and court ordered removal of the offending tenant. Never, ever should a landlord or owner take it upon themselves to start a fight, lock out or do anything to force a tenant out of the property themselves. This is illegal and can get the landlord in a lot of trouble.
Questions? Ask a Kansas Attorney!
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