| Tenant Protected Actions |
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| Landlord Retaliatory Actions |
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| Penalties for Retaliation |
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When Is It Illegal for Landlords to Retaliate in Kansas?
It’s illegal for Kansas landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken one of the following protected actions:
- Complaining to the government about health and safety issues on the property.
- Asking the landlord to do repairs required by statutory law.
- Participating in tenant organizations.
The law allows an exception when the landlord can prove a non-retaliatory, good-faith reason for the alleged retaliatory action. For example, a landlord who raises rent proportionately in response to a large increase in property tax is not retaliating, even if a tenant has recently complained about maintenance.
What Can Tenants Do in Response in Kansas?
Kansas tenants can respond to landlord retaliation by suing for quiet enjoyment of the property, and can recover possession of the property or cancel the rental agreement, plus recovering punitive damages.
Sources
- 1 Kan. Stat. Ann. §58-2572(a) & (b) (2021)
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“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 [statutory duties of landlord]; or (3) the tenant has organized or become a member of a tenants’ union or similar organization… If the landlord [retaliates]… the tenant is entitled to the remedies provided in K.S.A. 58-2563 [recover possession or terminate agreement, and recover damages of up to 1.5x monthly rent] and has a defense in an action against such tenant for possession.”
Source Link - 2 Kan. Stat. Ann. §58-2572(c) & (d) (2021)
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“[T]he landlord may increase the rent of a tenant… 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… [and] 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… (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 [tenant may sue or terminate for noncompliance].”
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