| Quick Facts | Answer |
| Acceptable Deductions |
|
| Return Deadline | 14 or 30 Days |
| Itemized Deductions | Required |
| Penalty for Late Return | 1.5x Amount Due |
For laws on security deposit collections and holdings in Kansas, click here.
Some cities and counties may have regulations which are different from those presented here. Always check local laws.
Security Deposit Deductions in Kansas
In Kansas, the following can be deducted from security deposits:
- Unpaid rent and late fees
- Costs of damage excluding normal wear and tear
- Other charges outlined in the lease agreement
Most states, such as Kansas, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What is Considered Normal Wear and Tear in Kansas?
“Normal wear and tear” is damage and deterioration to a property that happens over time using an ordinary and reasonable level of care. Normal wear and tear includes things like:
- Gently worn carpets
- Lightly scratched glass
- Faded paint and flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
“Excessive damage” means any careless, reckless, or intentional damage that occurs because of someone on the property with the tenant’s permission. Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in Kansas?
Landlords can charge for replacing the carpet if it is damaged beyond normal wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in Kansas?
Kansas landlords can charge charge a tenant for nail holes if they damage the walls in a way that doesn’t demonstrate an ordinary and reasonable level of care.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage, and thus chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in Kansas?
Kansas law allows landlords to charge a reasonable cleaning fee to bring the rental unit back to its original condition at the start of the lease.
Can the Landlord Charge for Painting in Kansas?
Kansas landlords can charge for painting, except for normal wear and tear. For example, a landlord might be able to charge for:
- Damage to the paint beyond normal wear and tear
- Tenant repainting without the landlord’s consent
- Tenant repainting with consent, but not doing the work to a professional standard
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint.
Landlords can charge for repainting if the damage is not the result of ordinary care. This includes stains, large or deep scratches, and water damage.
Security Deposit Returns in Kansas
Landlords must return a security deposit within 14 days after determining the amount of deductions or within 30 days after conditions are met if no deductions are made. If the landlord intends to make deductions, they must include an itemized statement of deductions.
How Long Do Landlords Have to Return Security Deposits in Kansas?
Kansas landlords have 14 or 30 days to return any remaining portion of a security deposit with interest, whichever is earlier:
- 14 days after the landlord determines deductions (other than for rent)
- 30 days after the lease term ends and the tenant vacates the unit
Do Landlords Owe Interest on Security Deposits in Kansas?
Unlike in some states, such as New Jersey, landlords in Kansas do not owe interest on security deposits.
How Do Landlords Give Notice in Kansas?
Written notice must be mailed to the tenant’s last known address and must include the amount of the security deposit due, if any, to the tenant, plus an itemized statement of deductions.
Can a Security Deposit Be Used for Last Month’s Rent in Kansas?
Tenants are not permitted to apply the security deposit towards last month’s rent. If they do so, they forfeit the full security deposit and are still liable for the payment of last month’s rent.
However, Kansas law allows the landlord to make deductions from the security deposit for any outstanding rent.
Security Deposit Disputes in Kansas
If landlords do not return the security deposit within 30 days, tenants can file in court for the amount due plus damages up to one and one-half times the amount wrongfully withheld.
Tenants can also take legal action against a landlord for:
- Failure to provide a written statement when deductions are made
- Failure to conduct an initial inspection
- Unreasonable deductions
How Can Tenants File a Dispute for a Security Deposit in Kansas?
If a landlord fails to return the security deposit, the tenant can file a dispute in Small Claims Court if the amount of damages is less than $10,000. If the amount is greater, the tenant must file a civil case in the local District Court.
A small claims case must be filed within 3 or 5 years depending on whether the lease agreement was oral or written. An attorney is not required or permitted in most situations. Cases are typically filed in the Small Claims Court for the county where the property is located.
Sources
- 1 Kan. Stat. § 58-2550(b)
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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.Source Link
- 2 Kan. Stat. § 58-2550(d) & (e)
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(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.
Source Link - 3 Kan. Stat. § 58-2550(c)
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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 11/2 the amount wrongfully withheld.Source Link
- 4 Kan. Stat. § 61-2706(b)
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Whenever a defendant asserts a claim beyond the scope of the court’s small claims jurisdiction, but within the scope of the court’s general jurisdiction, the court may determine the validity of defendant’s entire claim. If the court refuses to determine the entirety of any such claim, the court must allow the defendant to make:
(1) No demand for judgment and reserve the right to pursue the defendant’s entire claim in a court of competent jurisdiction;
(2) demand for judgment of that portion of the claim not exceeding $10,000, plus interest, costs and any damages awarded pursuant to K.S.A. 60-2610 , and amendments thereto, and reserve the right to bring an action in a court of competent jurisdiction for any amount in excess thereof; or
(3) demand for judgment of that portion of the claim not exceeding $10,000, plus interest, costs and any damages awarded pursuant to K.S.A. 60-2610 , and amendments thereto, and waive the right to recover any excess.
Source Link
