Kansas Landlord Tenant Rights

Last Updated: January 6, 2022 by Elizabeth Souza

In Kansas, if an oral or written rental agreement exists or a landlord accepts regular rent payments, then according to Kansas law, (Kansas Residential Landlord & Tenant Act) landlords have rights. These rights may include the right to collect rent in a timely manner and be reimbursed for costs from damages that exceed “normal wear and tear.”

Tenants also have rights, including the right to a safe and habitable dwelling and the right to due process before evictions.

Note: These rights exist regardless of a rental agreement stating otherwise.

Questions? To chat with a Kansas landlord tenant attorney, Click here

Landlord Responsibilities in Kansas

Kansas has an implied warranty of habitability that all landlords must abide by. Landlords must also make requested repairs in a timely manner, though this timeframe is not specified by law. Tenants do not have the right to withhold rent or use the repair and deduct option to resolve the habitability issue.

Below are habitability issues that Kansas landlords may or may not be responsible for.

Item Landlord Responsibility?
Dwelling structures Yes
Electricity Yes
Plumbing/sanitation Yes
Heating and air conditioning Yes
Garbage Yes
Water Yes
Mold Not addressed
Bed bugs Yes

It is illegal for a landlord to evict a tenant for exercising their right to habitable housing (e.g. filing a health or safety violation).

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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:

  1. 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.
  2. 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.
  3. 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 as retaliation for reporting violations or joining a tenant union, and for discriminatory reasons.

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Security Deposits in Kansas

  • Standard Limit/Maximum Amount – 1 month (furnished), 1 ½ month’s rent (unfurnished), ½ month’s rent (pets).
  • Time Limit for Returns – 14 with request, 30 days otherwise.
  • Penalty if not Returned on Time – If a landlord wrongfully withholds a security deposit then they could be required to pay up to 1.5 times the original amount as a penalty.
  • Allowable Deductions – missing rent, repairs for damages that exceed wear and tear.

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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
Questions? To chat with a Kansas landlord tenant attorney, Click here

Early termination. Kansas tenants may legally break a lease for the following reasons:

  1. Early termination clause
  2. Active military duty
  3. Uninhabitable unit
  4. Landlord harassment

Kansas tenants that break a lease early may still be required to pay rent for the remainder of the lease. Landlords have an obligation to re-rent the unit in a reasonable manner.

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Rent Increases & Related Fees in Kansas

  • Rent control. Kansas law does not allow for rent control at either a state or local level. As such, Kansas landlords can charge as much as they want for rent.
  • Rental increases. Landlords must provide at least 30 days’ written notice before raising rent, though they are not limited in how much they can raise.
  • Rent-related fees. Kansas law does not put a limit on late fee penalties as long as they are in the lease agreement. Kansas does limit returned check fees to $30.

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Housing Discrimination in Kansas

Protected groups. The Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. This law does not apply to owner-occupied homes or homes operated by religious organizations. Kansas state law doesn’t offer extra protections for any other group.

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 denying housing availability
  • 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

Landlord Right to Entry in Kansas

Landlords are required to give tenants “reasonable’ notice before entering inhabited properties. Landlords and tenants may define their own terms in agreements, although landlords are assumed to not need notice when entering during emergencies.

Small Claims Court in Kansas

Kansas small claims court will hear rent-related cases amounting to less than $4,000. The statute of limitations on rent-related cases is 5 years for a written lease and 3 years for an oral lease.

Mandatory Disclosures in Kansas

Kansas landlords must make the following mandatory disclosures:

  1. Lead-Based Paint – Landlords that own homes built before 1978 must provide info about concentrations of lead-based paint.
  2. Authorized Agents – Landlords must also provide the names and addresses of all parties involved in renting or managing the property.
  3. Move-In Checklist – Landlords must provide and complete a move-in checklist.

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Changing the Locks in Kansas

Under Kansas law, tenants are not forbidden from changing their locks. Landlords may not unilaterally change the locks on tenants as a form of eviction.

Additional Resources for Kansas Renters

Check your local county and municipality law for additional landlord-tenant regulations. To learn more, please refer to the below digital resources.

Kansas Tenants Handbook – Though it isn’t published by the Kansas state government, this handbook is by far the best digital resource available for new and seasoned tenants in the Sunflower State. This book’s format is centered around important questions posed by tenants, so you can easily find answers on topics across the landlord-tenant law spectrum.

Kansas Statutes Chapter 58, Section 25 – This section of the Kansas statutory code details almost every regulatory provision that applies to landlord-tenant leasing relationships. Parties that are in dispute should turn to this resource if they are looking to understand the most up-to-date language that governs their situation.

Small Claims Court – What is it? How do I use it? – This consumer-oriented pamphlet from the Kansas Bar Association is designed to succinctly answer a landlord or a tenant’s questions regarding how the state’s small claims court operates. This pamphlet also contains a valuable list of legal terms that tenants are forced to content with if their landlord attempts to bring suit against them.

Questions? To chat with a Kansas landlord tenant attorney, Click here