Kansas legally requires landlords to meet certain “habitability” requirements for all rental properties. This means that they’re responsible for providing a property that meets specific health and safety standards and for fixing issues that violate them.
Kansas Implied Warranty of Habitability
In Kansas, the implied warranty of habitability means that a landlord must provide and maintain a safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
What Specifically Are Landlords Responsible for in Kansas?
Note: Check local city/county laws and ordinances for additional requirements.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Washer & Dryer | No | Only If Provided |
| Smoke/CO Detectors | Smoke Only | No |
| Window Coverings | No | No |
| Light Fixtures | No | Only If Provided |
| Landscaping | No | No |
| Garbage Removal | Only If Not Provided by Government | Only If Not Provided by Government |
| Garbage Pickup | Only If Not Provided by Government | Only If Not Provided by Government |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Sometimes |
| Clogs | N/A | Sometimes |
Landlord Responsibilities for Heating & Air Conditioning in Kansas
Kansas landlords must provide heating for rental properties. They don’t have to provide air conditioning, but they do have to keep air conditioning in good working order if it’s provided.
Are Landlords Required to Provide Air Filter Replacements in Kansas?
Kansas landlords don’t have to replace things like air filters, unless provided heating or ventilating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Kansas
Kansas landlords must keep plumbing in good working condition.
Are Landlords Required To Provide Hot Water in Kansas?
Kansas landlords must provide and maintain running heated water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Kansas?
Kansas landlords must fix clogs the renter didn’t cause which keep the plumbing from being in good working condition.
Are Landlords in Kansas Responsible for Fixing Leaks?
Kansas landlords must fix leaks the renter didn’t cause which keep the plumbing from being in good working condition.
Landlord Responsibilities for Kitchen Appliances in Kansas
Kansas landlords don’t have to provide kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator. If provided, however, they’re the landlord’s responsibility to maintain.
Landlord Responsibilities for Electrical Issues in Kansas
Kansas landlords are responsible for ensuring they don’t directly or indirectly cause an interruption of electric service.
Are Landlords Responsible for Replacing Light Bulbs in Kansas?
Kansas landlords must replace light bulbs for provided appliances. They are not otherwise responsible for providing light bulbs or particular light fixtures.
Landlord Responsibilities for Garbage Removal in Kansas
Kansas landlords must provide and maintain outside garbage containers and garbage removal services, except where these are provided by a government entity.
Landlord Responsibilities for Landscaping in Kansas
Kansas landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Kansas
Kansas landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety. The renter may be liable for the cost of fixing an issue that’s due to lack of personal cleanliness.
Landlord Responsibilities Regarding Pests in Kansas
Kansas landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants. There’s no requirement for regular testing.
Landlord Responsibilities for Windows & Window Coverings in Kansas
Kansas landlords have no specific responsibility for providing or maintaining particular types of windows or window coverings. The landlord has to repair broken windows the tenant didn’t cause, since this is a health and safety issue.
Landlord Responsibilities Regarding Safety Devices in Kansas
Kansas landlords are responsible for providing working smoke alarms. It’s the renter’s job to maintain such safety devices after move-in.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Kansas?
Kansas landlords are not responsible for replacing batteries in safety devices after move-in.
Landlord Responsibilities for Washers and Dryers in Kansas
Kansas landlords are not required to furnish their rental properties with a working washer and dryer. However, if they are provided, the landlord is responsible for fixing them if they stop working properly.
Renter’s Rights for Repairs in Kansas
Kansas renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue in writing. After receiving written notice, the landlord has 14 days to fix the issue.
If the issue isn’t fixed, the renter can end the rental agreement, or ask a court to order repairs or compensation. Ending the rental agreement after proper notice is the renter’s only option out of court. The renter isn’t allowed to repair and deduct, or withhold rent.
Sources
- 1 Kan. Stat. Ann. § 58-2553(a) (2021)
-
“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… (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…”
Source Link - 2 Kan. Stat. Ann. § 58-2547(a)(1) (2021)
-
“No rental agreement may provide that the tenant or landlord agrees to waive or to forego rights or remedies under this act.” Kan. Stat. Ann. § 58-2547(a)(1) (2021) See also Kan. Stat. Ann. § 58-2559(a)(2) (2021) (“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.”)
Source Link - 3 Kan. Stat. Ann. § 58-2555 (2021)
-
“The tenant shall: (a) Comply with… 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… 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 [damage] 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… disturb the quiet and peaceful enjoyment of the premises by other tenants.”
Source Link - 4 Kan. Stat. Ann. § 31-162(a) - (c) (2022)
-
“(a) Every single-family residence shall have at least one smoke detector on every story of the dwelling unit.
“(b) Every structure which: (1) Contains more than one dwelling unit; or (2) contains at least one dwelling unit and is a mixed-use structure, shall contain at least one smoke detector at the uppermost ceiling of each interior stairwell and on every story in each dwelling unit.
“(c) The owner of a structure shall supply and install all required smoke detectors. The owner of a structure shall test and maintain all smoke detectors, except inside rental units, the occupant shall test and maintain all smoke detectors after taking possession of the dwelling unit.”
Source Link - 5 Kan. Stat. Ann. § 58-2559(a)(1) (2021)
-
“…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, [unless]… the landlord adequately initiates a good faith effort to remedy the breach within fourteen (14) days after receipt of the notice… 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 [following the same requirements, and]… the rental agreement then shall terminate as provided in such notice.”
Source Link - 6 Kan. Stat. Ann. § 58-2559(b) (2021)
-
“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.”
Source Link
