Under Kansas law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under the Residential Landlord and Tenant Act, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the lease agreement says.
Landlord Responsibilities in Kansas
In Kansas, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to habitability requirements in Kansas:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Only If Not Provided by Government | Only If Not Provided by Government |
| Smoke and Carbon Monoxide (CO) Detectors | Smoke Only | No |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Kansas
Landlords must perform necessary repairs in a timely manner. In Kansas, landlords usually must make repairs within 14 days after getting written notice from tenants.
If repairs aren’t made in a timely manner, Kansas tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, but they can’t repair and deduct or unilaterally withhold rent.
Tenant Responsibilities in Kansas
Aside from making rental payments in a timely manner, Kansas tenants must:
- Keep the dwelling safe and habitable.
- Remove trash and garbage.
- Notify the landlord if you are leaving for a long period of time.
- Not disturb other tenants or neighbors.
Evictions in Kansas
Kansas landlords may evict tenants for the following reasons:
- Nonpayment of Rent: If a tenant fails to pay rent on time, then the landlord may issue a 3-Day Notice to Pay. If rent goes unpaid after the notice then the landlord can pursue formal eviction.
- Violation of Lease Terms: If a lease violation occurs, then landlords may issue a 30-Day Notice to Cure or Vacate. The tenant must fix the issue within 14 days.
- No Lease/End of Lease: If the tenants holdover on the lease, the landlord must provide them with a notice to quit. The notice period depends on the type of tenancy.
- Week-to-Week: 7-Day Notice to Quit.
- Less Than Three Months: 3-Day Notice to Quit.
- Year-to-Year: 30-Day Notice to Quit.
- Furnished Rental Units: 10-Day Notice to Quit.
Landlords are prohibited from evicting in retaliation or for discriminatory reasons.
Landlord Retaliation in Kansas
It’s illegal for Kansas landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Kansas
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: One month’s rent.
- Exceptions: The limit is higher if the unit is furnished, the tenant has a pet, or the unit is a mobile home.
- Inventory Requirement: In order to collect security deposits, landlords must conduct move-in inspections with tenants and create a written record of the condition of the rental unit.
- Holding Requirement: Kansas law does not regulate how and where landlords hold security deposits unless the rental unit is a mobile home.
- Interest Requirement: None.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, late fees, damage excluding normal wear and tear, and other charges outlined in the lease agreement.
- Time Limit for Return: Whichever is earlier between the following events:
- 14 days after the landlord determines deductions (other than for rent).
- 30 days after the lease term ends and the tenant vacates the unit.
- Max. Penalty for Late Return: Tenants can sue for one and one-half times the amount wrongfully withheld.
Lease Termination in Kansas
Notice Requirements: Tenants without a fixed end date for their lease must give the following notice before breaking a lease:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No Statute |
| Year-to-Year | 30 Days |
Early Termination: Kansas tenants may legally break a lease for the following reasons:
- Early termination clause.
- Active military duty.
- Uninhabitable unit.
- Landlord harassment.
Cost of Breaking a Lease in Kansas
If a Kansas tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Kansas
Kansas does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Kansas does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Before increasing the rent, landlords must give 30 days’ notice. However, they must give 60 days’ notice if the rental unit is a mobile home.
Housing Discrimination in Kansas
Protected Groups: The Federal Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. This law does not apply to some owner-occupied homes or homes operated by religious organizations.
Discriminatory Acts & Penalties: The following acts may be interpreted as discriminatory if directed at a member of a protected class:
- Refusing to rent or sell housing.
- Offering different terms, conditions, or privileges.
- Intimidating or coercing tenants who exercise their rights.
- Falsely claiming a unit is unavailable.
- Blockbusting or screening particular tenants out of a neighborhood.
If you feel like you have been a victim of housing discrimination, you can file a complaint with the Kansas Human Rights Commission here.
Additional Landlord Tenant Regulations in Kansas
In addition to having laws that address general issues like repairs and security deposits, most states, including Kansas, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Kansas
Kansas landlords have the right to enter rental property for maintenance, inspections, and property showings. Unless it’s an emergency, before any entry a landlord must give “reasonable” advance notice, usually at least 24 hours. The rental agreement typically controls most aspects of a landlord’s right to access the rental property.
Rent Collection & Related Fees in Kansas
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: No limit, except it must be reasonable.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Not required.
Small Claims Court in Kansas
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $4,000. Kansas Small Claims Court is a division of District Court. The process takes approximately one to two months.
Mandatory Disclosures in Kansas
Kansas landlords must make the following mandatory disclosures:
- Lead-Based Paint: Landlords that own homes built before 1978 must provide info about concentrations of lead-based paint.
- Authorized Agents: Landlords must also provide the names and addresses of all parties involved in renting or managing the property.
- Move-In Checklist: Landlords must conduct move-in inspections with tenants and create a written record of the condition of the rental unit.
Changing the Locks in Kansas
Kansas law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.
Additional Resources for Kansas Renters
Many cities in Kansas have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see below for more general information.
