Chapter 58.--PERSONAL AND REAL PROPERTY
Article 25.--LANDLORDS AND TENANTS
Tenants at will; terms of lease in certain cases:
Any person in the possession of real property
with the assent of the owner is presumed to be a tenant at will,
unless the contrary is shown except as herein otherwise provided.
Where a landlord is renting farms in large numbers and a total
acreage in excess of five thousand acres, and has tenants in excess
of ten or more, and by the lease requires such tenants to erect or
own and maintain substantially all of the buildings and
improvements on the farm, such lease shall contain just and fair
provisions for the free sale and transfer of such buildings and
improvements, or the purchase thereof by the landlord, without
requiring the tenant to remove the same from the land. Ch. 58,
Art. 25, Sec.58-2501.
When tenant may remove buildings and improvements:
Where the tenant in possession of farm lands
under lease, with the owner as provided in K.S.A. 58-2501 owns
substantially all the improvements on the land, the tenant may
transfer his or her term and improvements without the consent of the
landlord, and any provisions in the lease prohibiting such transfer
or requiring the tenant or the tenant's assignee to remove such
buildings or improvements, that does not require the landlord or the
new tenant to pay the owner thereof the fair value of the
improvements to the land at the time of the expiration of the lease,
shall be void. Ch. 58, Art. 25, Sec.58-2501a.
Tenants from year to year:
When premises are let for one or more years,
and the tenant with the assent of the landlord continues to occupy
the premises after the expiration of the term, such tenant shall be
deemed to be a tenant from year to year. Ch. 58, Art. 25,
Sec.58-2502.
Rent payable at intervals:
When rent is reserved payable at intervals of
three months or less, the tenant shall be deemed to hold from one
period to another equal to the interval between the days of payment,
unless there is an express contract to the contrary. Ch. 58,
Art. 25, Sec.58-2503.
Termination of tenancy at will; notice:
Thirty days' notice in writing is necessary
to be given by either party before he or she can terminate a tenancy
at will, or from one period to another of three months or less; but
where in any case rent is reserved payable at intervals of less than
thirty days, the length of notice need not be greater than such
interval between the days of payment: Provided, however, That when
premises are furnished or let by an employer to an employee, said
tenancy shall cease and determine ten days after written notice to
vacate: Provided further, That not more than fifteen (15) days'
notice in writing by a tenant shall be necessary to terminate any
tenancy as described in this section of persons in the military
service of the United States in which the termination of tenancy is
necessitated by military orders. Ch. 58, Art. 25, Sec.58-2504.
Termination of tenancy from year-to-year; notice:
All tenancies from year to year, other than
farm tenancies from year-to-year, may be terminated by at least
thirty days' notice in writing, given to the tenant prior to the
expiration of the year. Ch. 58, Art. 25, Sec.58-2505.
Termination of farm tenancies; notice:
(a) Except as may be otherwise provided by this section or by a
written lease signed by the parties thereto, in cases of tenants
occupying and cultivating farms the notice to terminate such a
farm tenancy must be given in writing at least 30 days prior to
March 1 and must fix the termination of the tenancy to take place on
March 1.
(b) When a notice of termination is given
pursuant to subsection (a) after a fall seeded grain crop has been
planted, as to that part of the farm which is planted to a fall
seeded grain crop on cropland which has been prepared in conformance
with normal practices in the area, the notice shall be construed as
fixing the termination of the tenancy of such portion to take place
on the day following the last day of harvesting such crop or crops,
or August 1, whichever comes first.
(c) When a notice of termination is given
pursuant to subsection (a) after the 30th day preceding March 1 and
prior to the planting of a fall seeded grain crop on cropland which
has been prepared in conformance with normal practices in the area,
in any year in which a fall seeded grain crop has been or will be
harvested, the notice shall be construed as fixing the termination
of the tenancy of that part of the farm devoted to fall seeded grain
crops on the day following the last day of harvesting such crop or
crops in the succeeding year or August 1 of such succeeding year,
whichever comes first.
(d) Subject to the provisions of subsections (b)
and (c), a farm tenant becomes a tenant from year-to-year by
occupying the premises after the expiration of the term fixed in a
written lease, in which case the notice of termination of tenancy
must fix the termination of tenancy to take place on the same day of
the same month following the service of the notice as the day and
month of termination fixed in the original lease under which the
tenant first occupied the premises. Such notice shall be written and
given to the tenant at least 30 days prior to such termination date.
Ch. 58, Art. 25, Sec.58-2506.
Termination of farm tenancies; landlord's liability for
certain substances and services provided by tenant:
(a) When a notice of termination is given by the landlord
pursuant to subsection (a) or (d) of K.S.A. 58-2506 and amendments
thereto, and the tenant prior to receiving such notice has (1)
performed customary tillage practices or has applied or furnished
fertilizers, herbicides or pest control substances and (2) has not
planted the ground, the landlord shall pay the tenant the fair and
reasonable value of the services furnished and the fertilizers,
herbicides or pest control substances furnished.
(b) Where a farm tenancy is terminated by the
landlord on March 1 pursuant to subsection (a) of K.S.A. 58-2506 and
amendments thereto, and the tenant planted and obtained a
satisfactory stand of alfalfa the preceding fall, the landlord shall
pay the tenant the fair and reasonable value of all services
performed in preparing and planting the alfalfa and for all of the
tenant's expenditures for seed, fertilizer, herbicide or pest
control substances. Ch. 58, Art. 25, Sec.58-2506a.
Termination of lease for three months or longer; notice;
effect of payment of rent:
If a tenant for a period of three months or
longer neglect or refuse to pay rent when due, ten days' notice in
writing to quit shall determine the lease, unless such rent be paid
before the expiration of said ten days. Ch. 58, Art. 25,
Sec.58-2507.
Termination of tenancy of less than three months for
nonpayment of rent; notice:
If a tenant for a period of less than three
months shall neglect or refuse to pay rent when due, three days'
notice in writing to quit shall determine the same, unless such rent
be paid before the expiration of said three days. Ch. 58, Art.
25, Sec.58-2508.
Notice to quit not necessary, when:
Where the time for the termination of a
tenancy is specified in the contract, or where a tenant at will
commits waste, or in the case of a tenant by sufferance, and in any
case where the relation of landlord and tenant does not exist, no
notice to quit shall be necessary. Ch. 58, Art. 25,
Sec.58-2509.
Service of notice of termination of lease or tenancy:
Notice as required in the preceding sections
may be served on the tenant, or, if the tenant cannot be found, by
leaving a copy thereof at the tenant's usual place of residence, or
by delivering a copy thereof to some person over 12 years of age
residing on the premises, or, if no person is found upon the
premises, by posting a copy of the notice in a conspicuous place
thereon, or by registered mail, registered mail return receipt
requested, or certified mail, return receipt requested, addressed to
the tenant at the tenant's usual place of residence. Proof of
service by registered mail may be by the affidavit of the person
mailing such notice or by the return receipt. Proof of service by
certified mail may be by the return receipt. Ch. 58, Art. 25,
Sec.58-2510.
Assignment or transfer by tenant, when:
No tenant for a term not exceeding two years,
or at will, or by sufferance, shall assign or transfer his or her
term or interest or any part thereof to another without the written
consent of the landlord or person holding under the landlord.
Ch. 58, Art. 25, Sec.58-2511.
Same; re-entry upon violation of 58-2511:
If any tenant shall violate the provisions of
the preceding section, the landlord or person holding under the
landlord, after giving ten days' notice to quit possession, shall
have a right to re-enter the premises and take possession thereof
and dispossess the tenant, subtenant or undertenant. Ch. 58,
Art. 25, Sec.58-2512.
Attornment of tenant unnecessary; payment of rent:
A conveyance of real estate or of any
interest therein by a landlord shall be valid without the attornment
of the tenant; but the payment of rent by the tenant to the grantor
at any time before notice of sale given to said tenant shall be good
against the grantee. Ch. 58, Art. 25, Sec.58-2513.
Attornment of tenant to stranger void, when:
The attornment of a tenant to a stranger
shall be void, and shall not affect the possession of his or her
landlord unless it be made with the consent of the landlord, or
pursuant to a judgment at law or the order or decree of a court.
Ch. 58, Art. 25, Sec. 58-2514.
Remedies of sublessees:
Sublessees shall have the same remedy upon
the original covenant against the principal landlord as they might
have had against their immediate lessor. Ch. 58, Art. 25,
Sec.58-2515.
Remedies of alienees of lessors and lessees:
Alienees of lessors and lessees of land shall
have the same legal remedies in relation to such land as their
principal. Ch. 58, Art. 25, Sec.58-2516.
Rents from lands granted for life:
Rents from lands granted for life or lives
may be recovered as other rents. Ch. 58, Art. 25, Sec.58-2517.
Recovery of rents dependent on life of another:
A person entitled to rents dependent on the
life of another may recover arrears unpaid at the death of that
other. Ch. 58, Art. 25, Sec.58-2518.
Executors and administrators, remedies and liabilities:
Executors and administrators shall have the
same remedies to recover rents, and be subject to the same
liabilities to pay them, as their testators and intestates.
Ch. 58, Art. 25, Sec.58-2519.
Occupant without special contract:
The occupant without special contract, of any
lands, shall be liable for the rent to any person entitled thereto.
Ch. 58, Art. 25, Sec.58-2520.
Repairs and improvements by cotenant:
If a joint tenant, or tenant in common, or
tenant in coparcenary, have by consent management of the estate, and
make repairs and improvements with the knowledge and without
objection of his or her cotenant or coparcener, such cotenant or
coparcener shall contribute ratably thereto. Ch. 58, Art. 25,
Sec.58-2521.
Recovery by cotenant of rents and profits:
A joint tenant, or tenant in common, or
tenant in coparcenary, may maintain an action against his or her
cotenant or coparcener or their personal representatives, for
receiving more than his or her just proportion of the rents and
profits. Ch. 58, Art. 25, Sec.58-2522.
Action by remainderman or reversioner for waste or
trespass:
A person seized of an estate in remainder or
reversion may maintain an action for waste or trespass for injury to
the inheritance, notwithstanding an intervening estate for life or
years. Ch. 58, Art. 25, Sec.58-2523.
Rent as lien on crop:
Any rent due for farming land shall be a lien
on the crop growing or made on the premises. Such lien may be
enforced by action and attachment therein, as hereinafter provided.
Ch. 58, Art. 25, Sec.58-2524.
Same; lessor's remedies when rent payable in share of
crop:
When any such rent is payable in a share or
certain proportion of the crop, the lessor shall be deemed the owner
of such share or proportion, and may, if the tenant refuse to
deliver the lessor such share or proportion, enter upon the land and
take possession of the same, or obtain possession thereof by action
of replevin. Ch. 58, Art. 25, Sec.58-2525.
Recovery of rent from purchaser of crop:
The person entitled to the rent may recover
from the purchaser of the crop, or any part thereof, with notice of
the lien the value of the crop purchased, to the extent of the rent
due and damages. Ch. 58, Art. 25, Sec.58-2526.
Attachment for nonpayment of rent; grounds; affidavit and
bond:
When any person who shall be liable to pay
rent (whether the same be due or not, if it be due within one year
thereafter, and whether the same be payable in money or other
things) intends to remove, or is removing, or has within thirty days
removed his or her property, or the crops, or any part thereof, from
the leased premises, the person to whom the rent is owing may
commence an action in the court having jurisdiction; and upon making
an affidavit stating the amount of rent for which such person is
liable, and one or more of the above facts, and executing an
undertaking as in other cases, an attachment shall issue in the same
manner and with the like effect as is provided by law in other
actions. Ch. 58, Art. 25, Sec.58-2527.
Same; contents of affidavit; proceedings:
In an action to enforce a lien on crops for
rent of farming lands, the affidavit for an attachment shall state
that there is due from the defendant to the plaintiff a certain sum,
naming it, for rent of farming lands, describing the same, and that
the plaintiff claims a lien on the crop made on such land. Upon
making and filing such affidavit and executing an undertaking as
prescribed in the preceding section, an order of attachment shall
issue as in other cases, and shall be levied on such crop, or so
much thereof as may be necessary; and all other proceedings in such
attachment shall be the same as in other actions. Ch. 58, Art.
25, Sec.58-2528.
Tenant may waive exemptions:
A tenant may waive, in writing, the benefit
of the exemption laws of this state for all debts contracted for
rents. Ch. 58, Art. 25, Sec.58-2530.
Leasing of farm lands; provisions in certain contracts
enumerated:
Whereas, Much farming land in this state is
owned by persons or corporations for money rent as the sole business
of the owners, the rentals of said lands being evidenced and secured
by written lease contracts obligating the tenants to pay as rent
therefor large sums of money fully equal to the fair and reasonable
rental value of the land without any other or further rental
obligation on the tenants' part; and
Whereas, Said lease contracts contain
requirements obligating the tenants in addition to the payment of
said agreed rental to pay to the landlord all taxes or assessments
of every kind or nature levied or assessed upon said leased land,
and if not paid promptly when due the amount thereof to be added to
the agreed rent proper, such unpaid taxes and assessments
thenceforth to bear large interest rates until paid, the whole of
said rent, taxes, assessments, and interest to be carried forward
and added to the like amounts payable during the succeeding years of
the tenancy, and extensions thereof; and
Whereas, Said lease contracts contain the
further requirements that all rent inclusive of said taxes,
assessments, and interest shall constitute a lien on all crops
growing or made on the leased land during the tenancy or extension
thereof, and likewise on all teams, farming implements, and
machinery owned by the tenant and used by the tenant on the land
during the lease period, that said lease may be filed as a chattel
mortgage, and further that before July first, on the
landlord's demand, the tenant shall execute a chattel mortgage
proper, as additional security for the payment of the rent for
the current year; and
Whereas, At the original leasing of said
lands they were without buildings, fences, or other improvements
necessary to farm tillage, the tenant and all succeeding tenants
obligating themselves in said lease contracts to erect or make all
buildings, fences, and other like improvements necessary to the
efficient cultivation of the land, the landlord thereof making no
improvements nor obligating himself or herself to do so, but
reserving to himself or herself a lien on all improvements made by
the tenant and only allowing the removal of any such on the
termination of the tenancy and full payment of all rent, taxes,
assessments, and interest as aforesaid, and the performance of all
other obligations of the lease; and
Whereas, Many other burdensome and laborious
requirements on the tenants' part are contained in said lease
contracts, such as pulling up, cleaning out and destroying all
burrs, thistles and other weeds on the land and the public roads
bounding the same; mowing or plowing all lands sown to small grain
the preceding season, cultivating, protecting and maintaining hedge
rows, fences, fruit and other trees growing on the land, by the
first of August; and by the first of October cleaning, plowing,
scraping and digging out all ditches and drains; and by the first of
January trimming all hedges and burning the brush thereof; and in
default of the performances named by the time stated pay to the
landlord seventy-five cents per rod for the ditches and drains,
twenty-five cents per rod for the hedges, two dollars per acre for
land left in burrs or weeds, and one dollar per acre for stubble
land not mowed or plowed; such sums of stipulated damage to be added
to the rent of the land as though a part thereof; and
Whereas, Many restrictions and requirements
on the tenants' right to cultivate the kinds of crops to be grown on
the lands are dictated to the tenant in said lease contracts which
embarrass him or her in earning the stipulated money rental, for
failure to comply with which a further money payment per acre is
charged as rent. It is expressly provided in said lease contracts
that the tenant shall not allow grain stalks grown on the land to be
eaten by the tenants' animals, the landlord reserving such grain
stalks to himself or herself; and as a further burden on the tenant
and as a further security to the landlord the tenants are made to
waive the benefit of the exemption, valuation and appraisement laws
of the state. Ch. 58, Art. 25, Sec.58-2531.
Terms of such contracts variant from approved rental
agreements:
The foregoing lease conditions and
requirements are variant from the ordinary and generally used and
approved rental agreements between landlord and tenant in the
particulars above mentioned, are harsh, burdensome, oppressive and
extortionate in their terms, and are entered into by necessitous
persons only because of the scarcity of other rental lands. On
account of the pledge of lien by the tenant to the landlord of the
tenant's crops, teams, and all his or her other property the tenant
is deprived of credit with merchants and banks for the purchase of
the comforts and conveniences of ordinary farm life, his or her
children deprived of educational advantages, and himself or herself
and family kept impoverished in condition and estate. Ch. 58,
Art. 25, Sec.58-2532.
Such lease contracts against public policy and
unenforceable; tenants to pay fair and reasonable sums:
Lease agreements containing all of the
burdensome requirements heretofore recited are hereby declared to be
against the public policy of the state, illegal and unenforceable,
and the tenants subscribing to the same obligated to pay under said
leases as rents for the lands only fair and reasonable sums with an
accord of lien only on the total crops grown on the leased land and
on the total of the livestock raised on share or lease, and on the
total receipts or returns from pasture received by the tenants
including an accord of lien on the tenants' livestock sufficient to
pay pasturage on the tenants' livestock on the landlords' land.
Ch. 58, Art. 25, Sec. 58-2533.
Title of act:
This act shall be known and may be cited as
the "residential landlord and tenant act." Ch. 58,
Art. 25, Sec.58-2540.
Arrangements not subject to act:
Unless created to avoid the application of
this act, the following arrangements are not governed by this act:
(a) Residence at an institution, public or private,
if incidental to detention or the provision of medical, geriatric,
educational, counseling, religious or similar service;
(b) occupancy under a contract of sale of a
dwelling unit or the property of which it is a part, if the occupant
is the purchaser or a person who succeeds to the purchaser's
interest;
(c) occupancy by a member of a fraternal or
social organization in the portion of a structure operated for the
benefit of the organization;
(d) transient occupancy in a hotel, motel or
rooming house;
(e) occupancy by an employee of a landlord whose
right to occupancy is conditional upon employment in and about the
premises;
(f) occupancy by an owner of a condominium unit
or a holder of a proprietary lease in a cooperative; and
(g) occupancy under a rental agreement covering
premises used by the occupant primarily for agricultural purposes.
Ch. 58, Art. 25, Sec.58-2541.
Jurisdiction of courts; procedure:
The district court shall have jurisdiction over any landlord or
tenant with respect to any conduct in this state governed by this
act or with respect to any claim arising from a transaction subject
to this act, and notwithstanding the provisions of subsection (b) of
K.S.A. 61-1603, and any amendments thereto, such actions may be
commenced pursuant to the code of civil procedure for limited
actions. Unless otherwise specifically provided in this act, the
code of civil procedure for limited actions shall govern any action
commenced pursuant to this act. Ch. 58, Art. 25, Sec.58-2542.
Definitions: As used in this act:
(a) "Action" includes recoupment, counterclaim,
setoff, suit in equity and any other proceeding in which rights are
determined, including an action for possession.
(b) "Building and housing codes"
includes any law, ordinance or governmental regulation concerning
fitness for habitation, or the construction, maintenance, operation,
occupancy, use or appearance of any premises or dwelling unit.
(c) "Dwelling unit" means a structure
or the part of a structure that is used as a home, residence or
sleeping place by one person who maintains a household or by two or
more persons who maintain a common household; but such term shall
not include real property used to accommodate a manufactured home or
mobile home, unless such manufactured home or mobile home is rented
or leased by the landlord.
(d) "Good faith" means honesty in fact
in the conduct of the transaction concerned.
(e) "Landlord" means the owner, lessor
or sublessor of the dwelling unit, or the building of which it is a
part, and it also means a manager of the premises who fails to
disclose as required by K.S.A. 58-2551 and amendments thereto.
(f) "Organization" includes a
corporation, government, governmental subdivision or agency,
business trust, estate, trust, partnership or association, two or
more persons having a joint or common interest, and any other legal
or commercial entity.
(g) "Owner" means one or more persons,
jointly or severally, in whom is vested:
(1) All or part of the legal title to property; or
(2) all or part of the beneficial ownership and a right to
prevent use and enjoyment of the premises; and such term includes a
mortgagee in possession.
(h) "Person" includes an individual or
organization.
(i) "Premises" means a dwelling unit
and the structure of which it is a part and facilities and
appurtenances therein and grounds, areas and facilities held out for
the use of tenants generally or the use of which is promised to the
tenant.
(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 unit and
premise.
(l) "Roomer" means a person occupying a
dwelling unit that lacks a major bathroom and kitchen
facility, in a structure where one or more major facilities are used
in common by occupants of the dwelling unit and other dwelling
units. As used herein, a major bathroom facility means a toilet, and
either a bath or shower, and a major kitchen facility means a
refrigerator, stove and sink.
(m) "Security deposit" means any sum of
money specified in a rental agreement, however denominated, to be
deposited with a landlord by a tenant as a condition precedent to
the occupancy of a dwelling unit, which sum of money, or any part
thereof, may be forfeited by the tenant under the terms of the
rental agreement upon the occurrence or breach of conditions
specified therein.
(n) "Single family residence" means a
structure maintained and used as a single dwelling unit.
Notwithstanding that a dwelling unit shares one or more walls with
another dwelling unit, it is a single family residence if it has
direct access to a street or thoroughfare and shares neither heating
facilities, hot water equipment, nor any other essential facility or
service with any other dwelling unit.
(o) "Tenant" means a person entitled
under a rental agreement to occupy a dwelling unit to the exclusion
of others. Ch. 58, Art. 25, Sec.58-2543.
Finding of unconscionability; remedies; evidence:
(a) If the court, as a matter of law, finds:
(1) A rental agreement or any provision thereof was
unconscionable when made, the court may refuse to enforce the
agreement, enforce the remainder of the agreement without the
unconscionable provision, or limit the application of any
unconscionable provision to avoid an unconscionable result; or
(2) a settlement in which a party waives or
agrees to forego a claim or right under this act or under a rental
agreement was unconscionable at the time it was made, the court may
refuse to enforce the settlement, enforce the remainder of the
settlement without the unconscionable provision or limit the
application of any unconscionable provision to avoid any
unconscionable result.
(b) If unconscionability is put into issue by a
party or by the court upon its own motion, the parties shall be
afforded a reasonable opportunity to present evidence as to the
setting, purpose and effect of the rental agreement or settlement to
aid the court in making the determination. Ch. 58, Art. 25,
Sec.58-2544.
Rental agreement; terms and conditions in absence thereof:
(a) The landlord and tenant may include in a rental agreement,
terms and conditions not prohibited by this act or other rule of
law, including rent, term of the agreement and other provisions
governing the rights and obligations of the parties.
(b) In absence of agreement, the tenant shall pay
as rent the fair rental value for the use and occupancy of the
dwelling unit.
(c) Rent shall be payable without demand or
notice at the time and place agreed upon by the parties. Unless
otherwise agreed, rent is payable at the dwelling unit, and periodic
rent is payable at the beginning of any term of one (1) month or
less and otherwise in equal monthly installments at the beginning of
each month. Unless otherwise agreed, rent shall be uniformly
apportionable from day-to-day.
(d) Unless the rental agreement fixes a definite
term, the tenancy shall be week-to-week, in the case of a roomer who
pays weekly rent, and in all other cases month-to-month. Ch.
58, Art. 25, Sec.58-2545.
Same; agreement not signed and delivered given effect by
certain actions; limitation on term:
(a) If the landlord does not sign and deliver a written rental
agreement which has been signed and delivered to such landlord by
the tenant, the knowing acceptance of rent without reservation by
the landlord gives the rental agreement the same effect as if it had
been signed and delivered by the landlord.
(b) If the tenant does not sign and deliver a written rental
agreement which has been signed and delivered to such tenant by the
landlord, the knowing acceptance of possession and payment of rent
without reservation gives the rental agreement the same effect as if
it had been signed and delivered by the tenant.
(c) If a rental agreement given effect by the
operation of this section provides for a term longer than one year,
it is effective only for one year. Ch. 58, Art. 25,
Sec.58-2546.
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 exculpation or limitation of
any liability of either party arising under law or to indemnify
either party for that liability or the costs connected therewith,
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 known by
such landlord to be prohibited, the tenant may recover actual
damages sustained by such tenant. Ch. 58, Art. 25,
Sec.58-2547.
Inventory of premises by landlord and tenant, when;
copies:
Within five (5) days of the initial date of
occupancy or upon delivery of possession, the landlord, or such
landlord's designated representative, 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.
Ch. 58, Art. 25, Sec.58-2548.
Receipt of rent subject to certain obligations:
A rental agreement, assignment, conveyance,
trust deed or security instrument may not permit the receipt of rent
free of the obligation to comply with subsection (a) of K.S.A.
58-2553. Ch. 58, Art. 25, Sec.58-2549.
Security deposits; amounts; retention; return; damages for
noncompliance:
(a) A landlord may not demand or receive a security deposit for
an unfurnished dwelling unit 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 1 1/2 months'
rent, and if the rental agreement permits the tenant to keep or
maintain pets in the dwelling unit, the landlord may demand and
receive an additional security deposit not to exceed 1/2 of one
month's rent. A municipal housing authority created under the
provisions of K.S.A. 17-2337 et seq., and amendments thereto, which
is wholly or partially subsidized by aid from the federal
government, pursuant to a rental agreement in which rent is
determined solely by the personal income of the tenant, may demand
and receive a security deposit in accordance with a schedule
established by the housing authority, which is based on the bedroom
unit size of the dwelling unit. Any such municipal housing authority
which establishes such a schedule shall provide a deferred payment
plan whereby the tenant may pay the deposit in reasonable increments
over a period of time.
(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 which the landlord has
suffered by reason of the tenant's noncompliance with K.S.A.
58-2555, and amendments thereto, and the rental agreement, all as
itemized by the landlord in a written notice delivered to the
tenant. If the landlord proposes to retain any portion of the
security deposit for expenses, damages or other legally allowable
charges under the provisions of the rental agreement, other than
rent, the landlord shall return the balance of the security deposit
to the tenant within 14 days after the determination of the amount
of such expenses, damages or other charges, but in no event to
exceed 30 days after termination of the tenancy, delivery of
possession and demand by the tenant. If the tenant does not make
such demand within 30 days after termination of the tenancy, the
landlord shall mail that 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 that portion
of the security deposit due together with damages in an amount equal
to 1 1/2 the amount wrongfully withheld.
(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. If
a tenant fails to comply with this subsection, the security deposit
shall be forfeited and the landlord may recover the rent due as if
the deposit had not been applied or deducted from the rent due.
(e) Nothing in this section shall preclude the
landlord or tenant from recovering other damages to which such
landlord or tenant may be entitled under this act.
(f) The holder of the landlord's interest in the
premises at the time of the termination of the tenancy shall be
bound by this section. Ch. 58, Art. 25, Sec.58-2550.
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
under this act and under the rental agreement and expending or
making available for such purpose all rent collected from the
premises. Ch. 58, Art. 25, Sec.58-2551.
Delivery of possession of premises; action for possession;
damages:
At the commencement of the term the landlord
shall deliver possession of the premises to the tenant in compliance
with the rental agreement and K.S.A.58-2553. The landlord may bring
an action for possession against any person wrongfully in possession
and may recover the damages provided in subsection (c) of K.S.A.
58-2570. Ch. 58, Art. 25, Sec.58-2552.
Duties of landlord; agreement that tenant perform
landlord's duties; limitations:
(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.
If the duty imposed by this paragraph is greater than any duty
imposed by any other paragraph of this subsection, the landlord's
duty shall be determined in accordance with the provisions of this
paragraph;
(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) except where provided by a governmental
entity, provide and maintain on the grounds, for the common use by
all tenants, appropriate receptacles and conveniences for the
removal of ashes, garbage, rubbish and other waste incidental to the
occupancy of the dwelling unit and arrange for their removal; and
(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. Nothing in this section shall be construed as
abrogating, limiting or otherwise affecting the obligation of a
tenant to pay for any utility service in accordance with the
provisions of the rental agreement. 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.
(b) The landlord and tenants of a dwelling unit or
units which provide a home, residence or sleeping place for not to
exceed four households having common areas may agree in writing that
the tenant is to perform the landlord's duties specified in
paragraphs (4) and (5) of subsection (a) of this section and also
specified repairs, maintenance tasks, alterations or remodeling, but
only if the transaction is entered into in good faith and not for
the purpose of evading the obligations of the landlord.
(c) The landlord and tenant of any dwelling unit,
other than a single family residence, may agree that the tenant is
to perform specified repairs, maintenance tasks, alterations or
remodeling only if:
(1) The agreement of the parties is entered into in
good faith, and not to evade the obligations of the landlord, and is
set forth in a separate written agreement signed by the parties and
supported by adequate consideration;
(2) the work is not necessary to cure
noncompliance with subsection (a)(1) of this section; and
(3) the agreement does not diminish or affect the
obligation of the landlord to other tenants in the premises.
(d) The landlord may not treat performance of the
separate agreement described in subsection (c) of this section as a
condition to any obligation or the performance of any rental
agreement. Ch. 58, Art. 25, Sec.58-2553.
Conveyance by landlord or termination by manager; notice;
no liability for subsequent events:
(a) Unless otherwise agreed, a landlord, who conveys premises
that include a dwelling unit subject to a rental agreement in a good
faith sale to a bona fide purchaser, is relieved of liability under
the rental agreement and this act as to events occurring subsequent
to written notice to the tenant of the conveyance. However, such
landlord remains liable to the tenant for any portion of a security
deposit to which the tenant is entitled under K.S.A. 58-2550.
(b) Unless otherwise agreed, a manager of
premises that include a dwelling unit is relieved of liability under
the rental agreement and this act as to events occurring after
written notice to the tenant of the termination of such manager's
management. Ch. 58,
Duties of tenant:
The tenant shall:
(a) Comply with all obligations primarily imposed upon tenants
by applicable provisions of building and housing codes materially
affecting 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 unit all
ashes, rubbish, garbage and other waste in a clean and safe manner;
(d) keep all plumbing fixtures in the dwelling
unit 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. Ch. 58, Art. 25, Sec.58-2555.
Rules and regulations of landlord; when enforceable:
A landlord, from time to time, may adopt
rules or regulations, however described, 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 in the premises
equally;
(d) it is sufficiently explicit in its
prohibition, direction or limitation of the tenant's conduct to
fairly inform the tenant of what such tenant must or must not do to
comply;
(e) it is not for the purpose of evading the
obligations of the landlord; and
(f) the tenant has notice of it at the time such
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. Ch. 58, Art. 25, Sec.58-2556.
Landlord's right to enter; limitations:
(a) The landlord shall have the right to enter the dwelling unit
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 exhibit the dwelling unit to prospective or actual
purchasers, mortgagees, tenants, workmen or contractors.
(b) The landlord may enter the dwelling unit
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. Ch. 58, Art. 25,
Sec.58-2557.
Use of premises; extended absence of tenant:
Unless otherwise agreed, the tenant shall
occupy such tenant's dwelling unit only as a dwelling unit. The
rental agreement may require that the tenant notify the landlord of
any anticipated extended absence from the premises in excess of
seven days no later than the first day of the extended absence.
Ch. 58, Art. 25, Sec.58-2558.
Material noncompliance by landlord; notice; termination of
rental agreement; limitations; remedies; security deposit:
(a) Except as otherwise provided in this act, if there is a
material noncompliance by the landlord with the rental agreement or
a noncompliance with K.S.A. 58-2553 materially affecting health and
safety, the tenant may deliver a written notice to the landlord
specifying the acts and omissions constituting the breach and that
the rental agreement will terminate upon a periodic rent-paying date
not less than thirty (30) days after receipt of the notice. The
rental agreement shall terminate as provided in the notice, subject
to the following:
(1) If the breach is remediable by repairs or the
payment of damages or otherwise, and the landlord adequately
initiates a good faith effort to remedy the breach within fourteen
(14) days after receipt of the notice, the rental agreement shall
not terminate. However, in the event that the same or a similar
breach occurs after the fourteen-day period provided herein, the
tenant may deliver a written notice to the landlord specifically
describing the breach and stating that the rental agreement shall
terminate upon a periodic rent-paying date not less than thirty (30)
days after the receipt of such notice by the landlord. The rental
agreement then shall terminate as provided in such notice.
(2) The tenant may not terminate for a condition
caused by an act or omission of, or which is or can be properly
attributable or applicable to, the tenant or any person or animal or
pet on the premises at any time with the tenant's express or implied
permission or consent.
(b) Except as otherwise provided in this act, the
tenant may recover damages and obtain injunctive relief for any
noncompliance by the landlord with the rental agreement or K.S.A.
58-2553. The remedy provided in this subsection shall be in addition
to any right of the tenant arising under subsection (a) of this
section.
(c) If the rental agreement is terminated, the
landlord shall return that portion of the security deposit
recoverable by the tenant under K.S.A. 58-2550.
(d) The provisions of this section shall not
limit a landlord's or tenant's right to terminate the rental
agreement pursuant to K.S.A. 58-2570, and amendments thereto.
Ch. 58, Art. 25, Sec.58-2559.
Failure by landlord to deliver possession; remedies:
If the landlord fails to deliver possession
of the dwelling unit to the tenant as provided in K.S.A. 58-2552,
rent abates until possession is delivered and the tenant:
(a) Upon at least five days' written notice to the
landlord, may terminate the rental agreement and upon termination
the landlord shall return all of the security deposit; or
(b) may demand performance of the rental
agreement by the landlord and, if the tenant elects, maintain an
action for possession of the dwelling unit against the landlord, or
any person wrongfully in possession, and recover the damages
sustained by such tenant.
If a person's failure to deliver possession
is willful and not in good faith, an aggrieved party may recover
from such person an amount not more than one and one-half (1 1/2)
months' periodic rent or one and one-half (1 1/2) times the actual
damages sustained by such party, whichever is greater. Ch.
58, Art. 25, Sec.58-2560.
Action for possession for nonpayment of rent;
counterclaim, waiver; accrued rent, payment into court; disposition;
when judgment for tenant:
(a) In an action for possession based upon nonpayment of the
rent, or in an action for rent where the tenant is in possession,
the tenant shall counterclaim for any amount which such tenant may
recover under the rental agreement or this act or such counterclaim
shall be deemed to have been waived. In that event, the court from
time to time may order the tenant to pay into court all or part of
the rent accrued and thereafter accruing, and shall determine the
amount due to each party. The party to whom a net amount is owed
shall be paid first from the money paid into court, and the balance
shall be paid by the other party. If no rent remains due after
application of this section, judgment may be entered for the tenant
in the action for possession.
(b) In an action for rent where the tenant is not
in possession, the tenant may counterclaim as provided in subsection
(a), but the tenant shall not be required to pay any rent into
court. Ch. 58, Art. 25, Sec.58-2561.
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.
(b) If the rental agreement is terminated pursuant
to this section, the landlord shall return that portion of the
security deposit recoverable by the tenant under K.S.A. 58-2550, and
accounting for rent in the event of either termination of the rental
agreement or apportionment of rent shall occur as of the date of
vacating. Ch. 58, Art. 25, Sec.58-2562.
Unlawful removal or exclusion of tenant; diminished
services; damages; security deposit:
If the landlord unlawfully removes or
excludes the tenant from the premises or willfully diminishes
services to the tenant by interrupting or causing the interruption
of electric, gas, water or other essential service 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 1/2) months' periodic rent or the damages sustained by
the tenant, whichever is greater. If the rental agreement is
terminated, the landlord shall return that portion of the security
deposit recoverable by the tenant under K.S.A. 58-2550. Ch.
58, Art. 25, Sec.58-2563.
Material noncompliance by tenant; notice; termination of
rental agreement; limitations; nonpayment of rent; remedies:
(a) Except as otherwise provided in the residential landlord and
tenant act, if there is a material noncompliance by the tenant with
the rental agreement or a noncompliance with K.S.A. 58-2555 and
amendments thereto materially affecting health and safety, the
landlord may deliver a written notice to the tenant specifying the
acts and omissions constituting 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. The
rental agreement shall terminate as provided in the notice
regardless of the periodic rent-paying date, except that if the
breach is remediable by repairs or the payment of damages or
otherwise, and the tenant adequately initiates a good faith effort
to remedy the breach prior to the date specified in the notice, the
rental agreement will not terminate. However, in the event that such
breach or a similar breach occurs after the 14-day period provided
in this subsection, the landlord may deliver a written notice to the
tenant that the rental agreement will terminate upon a date not less
than 30 days after receipt of the notice without providing the
opportunity to remedy the breach. The rental agreement then shall
terminate as provided in such notice regardless of the periodic
rent-paying date.
(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. The
three-day notice period provided for in this subsection shall be
computed as three consecutive 24-hour periods. When such notice is
served on the tenant or to some person over 12 years of age residing
on the premises, or by posting a copy of the notice in a conspicuous
place thereon, the three-day period shall commence at the time of
delivery or posting. When such notice is delivered by mailing, an
additional two days from the date of mailing should be allowed for
the tenant to pay such tenant's rent and thereby avoid having the
rental agreement terminated.
(c) Except as otherwise provided in the
residential landlord and tenant act, the landlord may recover
damages and obtain injunctive relief for any noncompliance by the
tenant with the rental agreement or K.S.A. 58-2555 and amendments
thereto.
(d) The provisions of this section shall not
limit a landlord's or tenant's right to terminate the rental
agreement pursuant to K.S.A. 58-2570, and amendments thereto.
Ch. 58, Art. 25, Sec.58-2564.
Extended absence of tenant; damages; entry by landlord;
abandonment by tenant, when; reasonable effort to rent required;
termination of rental agreement, when; personal property of tenant;
disposition, procedure; proceeds; rights of person receiving
property:
(a) If the rental agreement requires the tenant to give notice
to the landlord of an anticipated extended absence in excess
of seven days required in K.S.A. 58-2558, and amendments
thereto, and the tenant willfully fails to do so, the landlord may
recover actual damages from the tenant.
(b) During any absence of the tenant in excess of
30 days, the landlord may enter the dwelling unit at times
reasonably necessary. If, after the tenant is 10 days in default for
nonpayment of rent and has removed a substantial portion of such
tenant's belongings from the dwelling unit, the landlord may assume
that the tenant has abandoned the dwelling unit, unless the tenant
has notified the landlord to the contrary.
(c) If the tenant abandons the dwelling unit, the
landlord shall make reasonable efforts to rent it at a fair rental.
If the landlord rents the dwelling unit for a term beginning prior
to the expiration of the rental agreement, it is deemed to be
terminated as of the date the new tenancy begins. The rental
agreement is deemed to be terminated by the landlord as of the date
the landlord has notice of the abandonment, if the landlord fails to
use reasonable efforts to rent the dwelling unit at a fair rental or
if the landlord accepts the abandonment as a surrender. If the
tenancy is from month-to-month, or week-to-week, the term of
the rental agreement for this purpose shall be deemed to be a month
or a week, as the case may be.
(d) If the tenant abandons or surrenders
possession of the dwelling unit and leaves household goods,
furnishings, fixtures or any other personal property in or at the
dwelling unit or if the tenant is removed from the dwelling unit as
a result of a forcible detainer action, pursuant to K.S.A. 61-2301,
et seq., and amendment thereto, and fails to remove any household
goods, furnishings, fixtures or any other personal property in or at
the dwelling unit after possession of the dwelling unit is returned
to the landlord, 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 of general circulation in the county in which such
dwelling unit is located a notice of the landlord's intention to
sell or dispose of such property. 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. Such
notice shall state the name of the tenant, a brief description of
the property and the approximate date on which the landlord intends
to sell or otherwise dispose of such property. If the foregoing
requirements are met, the landlord may sell or otherwise dispose of
the property without liability to the tenant or to any other person
who has or claims to have an interest in such property, except as to
any secured creditor who gives notice of creditor's interest in such
property to the landlord prior to the sale or disposition thereof,
if the landlord has no knowledge or notice that any person, other
than the tenant, has or claims to have an interest in such property.
During such 30 [30-day] period after the landlord takes possession
of the property, and at any time prior to sale or other disposition
thereof, 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.
(e) Any proceeds from the sale or other
disposition of the property as provided in subsection (d) shall be
applied by the landlord in the following order:
(1) To the reasonable expenses of taking, holding,
preparing for sale or disposition, giving notice and selling or
disposing thereof;
(2) to the satisfaction of any amount due from
the tenant to the landlord for rent or otherwise; and,
(3) the balance, if any, may be retained by the
landlord, without liability to the tenant or to any other person,
other than a secured creditor who gave notice of creditors interest
as provided in subsection (d), for any profit made as a result of a
sale or other disposition of such property.
(f) Any person who purchases or otherwise receives
the property pursuant to a sale or other disposition of the property
as provided under subsection (d) of this section, without knowledge
that such sale or disposition is in violation of the ownership
rights or security interest of a third party in the property, takes
title to the property free and clear of any right, title, claim or
interest of the tenant or such third party in the property.
Ch. 58, Art. 25, Sec.58-2565.
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.
Ch. 58, Art. 25, Sec.58-2566.
Lien or security interest in tenant's personal property
unenforceable; distraint abolished, exception:
(a) Except as otherwise provided in this act, a lien or security
interest on behalf of the landlord in the tenant's household goods,
furnishings, fixtures or other personal property is not enforceable
unless perfected prior to the effective date of this act.
(b) Except as otherwise provided in K.S.A.
58-2565, distraint for rent is abolished. Ch. 58, Art. 25,
Sec.58-2567.
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. Ch. 58, Art. 25, Sec.58-2568.
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. Ch. 58, Art. 25, Sec.58-2569.
Termination of tenancy; notice; holdover by tenant;
remedies:
(a) The landlord or the tenant may terminate a week-to-week
tenancy by a written notice given to the other at least seven days
prior to the termination date specified in the notice.
(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 upon a periodic rent-paying
date not less than thirty (30) days after the receipt of the notice,
except that not more than fifteen (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. Any
rental agreement for a definite term of more than thirty (30) days
shall not be construed as a month-to-month tenancy, even though the
rent is reserved payable at intervals of thirty (30) days.
(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, and if the tenant's holdover is willful and not in good
faith the landlord, in addition, may recover an amount not more than
one and one-half (1 1/2) months' periodic rent or not more than one
and one-half (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 shall
govern.
(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. Ch. 58, Art. 25, Sec.58-2570.
Tenant's refusal to allow lawful access; remedies;
landlord's unlawful or unreasonable entry; remedies:
(a) If the tenant refuses to allow lawful access to the dwelling
unit, 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.
Ch. 58, Art. 25, Sec.58-2571.
Certain retaliatory actions by landlord prohibited;
remedies; increased rent, when; action for possession, when:
(a) Except as otherwise provided in this section, a landlord may
not retaliate by increasing rent or decreasing services after:
(1) The tenant has complained to a governmental
agency, charged with responsibility for enforcement of a building or
housing code, of a violation applicable to the premises materially
affecting health and safety; or
(2) the tenant has complained to the landlord of
a violation under K.S.A. 58-2553; 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 the remedies provided
in K.S.A. 58-2563 and has a defense in an action against such tenant
for possession.
(c) Notwithstanding the provisions of subsection
(a), the landlord may increase the rent of a tenant even though the
tenant has complained of a violation as described in clauses (1) or
(2) of subsection (a) or has organized or become a member of an
organization as described in clause (3) of subsection (a), 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.
Ch. 58, Art. 25, Sec.58-2572.
Inapplicability of act:
The provisions of this act shall not:
(a) Apply to or affect any valid rental agreement
entered into prior to the effective date of this act, nor shall it
apply to or affect any conduct or transaction of the parties to such
rental agreement, if such conduct or transaction is in accordance
with and pursuant to such rental agreement; but the provisions of
this act shall apply to and govern any renewal, extension or
modification of any such rental agreement, where such renewal,
extension or modification is effected on or after the effective date
of this act; or
(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. 21-3721, and
amendments thereto. Ch. 58, Art. 25, Sec.58-2573.
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