| Quick Facts | Answer |
| Maximum / Limit | 1, 1 and 1/2, or 2 Months’ Rent |
| Receipt Requirement | None |
| Inventory Requirement | Yes |
| Interest Requirement | None |
To learn about laws on security deposit returns in Kansas, click here.
Some cities and counties may have regulations which are different from those presented here. Always check local laws.
Maximum Security Deposit Allowed in Kansas
Kansas law limits the maximum security deposit to one month’s rent by default. However, if the unit is furnished, a landlord can charge up to one and one-half month’s rent.
The rules regarding security deposits for mobile homes are different. For example, the maximum security deposit for a mobile home (furnished or unfurnished) is two months’ rent. See Kan. Stat. § 58-25,108.
Can Landlords Charge an Additional Pet Deposit in Kansas?
In Kansas, landlords can charge a pet deposit, except for service dogs and emotional support animals. However, the additional pet deposit cannot exceed one-half month’s rent.
So for example, if a landlord leases a furnished apartment to a tenant with a pet, the maximum security deposit is two months’ rent.
How Much Rent Can a Landlord Collect Upfront in Kansas?
There is no limit on the amount of rent that can be collected upfront in Kansas. Many states have a limit on the amount of rent that can be collected at once, but Kansas does not. Prepaid rent is not considered part of the security deposit in Kansas.
Security Deposit Collections in Kansas
When collecting a security deposit in Kansas, landlords must conduct an inspection with the tenant and create a written record of the condition of the rental unit. The law requires this move-in inspection regardless of whether the landlord collects a security deposit.
Do Landlords Have To Provide a Receipt for the Security Deposit in Kansas?
Although some states like Washington require a receipt, landlords are not required to provide a receipt for the security deposit in Kansas.
What Obligations Do Landlords Have To Establish the Condition at Move-in in Kansas?
Landlords in Kansas must conduct an inspection of the rental unit with the tenant no later than 5 days after the tenant gains possession (i.e. gets the keys). The landlord and tenant must create and sign a written record of the condition of the rental unit and all furnishings. The tenant must receive one copy.
Security Deposit Holdings in Kansas
Kansas law does not require landlords to hold security deposits separate from other funds unless the rental unit is a mobile home.
Landlords of mobile homes must hold security deposits in a federally-insured bank, credit union, savings and loan association, or trust account. The security deposits cannot be commingled with the landlord’s own funds.
Are Tenants Entitled to Interest on Their Security Deposit in Kansas?
Kansas law does not require landlords to provide interest on held security deposits.
How Are Security Deposits Accounted for in Kansas?
Security deposits are not considered taxable income when they are collected.
What Happens to a Security Deposit When the Property is Sold in Kansas?
When a property is sold in Kansas, the seller must transfer the security deposit to the new owner, who must handle it according to the same rules.
If the rental unit is a mobile home, the original landlord must within a reasonable time send written notice to each tenant notifying them of:
- The amount transferred to their successor (after allowable deductions)
- The successor’s name and address
The written notice must be sent by mail or hand-delivery and include a stamped envelope addressed to the landlord’s successor. If the mobile home tenant does not object to the amount transferred within 20 days, the successor is only liable to the tenant for the amount transferred.
Sources
- 1 Kan. Stat. § 58-2550(a)
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A landlord may not demand or receive a security deposit for an unfurnished dwelling unit in an amount or value in excess of one month’s periodic rent. If the rental agreement provides for the tenant to use furniture owned by the landlord, the landlord may demand and receive a security deposit not to exceed 11/2 months’ rent, and if the rental agreement permits the tenant to keep or maintain pets in the dwelling unit, the landlord may demand and receive an additional security deposit not to exceed 1/2 of one month’s rent. A municipal housing authority created under the provisions of K.S.A. 17-2337 et seq., and amendments thereto, which is wholly or partially subsidized by aid from the federal government, pursuant to a rental agreement in which rent is determined solely by the personal income of the tenant, may demand and receive a security deposit in accordance with a schedule established by the housing authority, which is based on the bedroom unit size of the dwelling unit. Any such municipal housing authority which establishes such a schedule shall provide a deferred payment plan whereby the tenant may pay the deposit in reasonable increments over a period of time.Source Link
- 2 Kan. Stat. § 58-25,108(a)
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[For a mobile home,] a landlord shall not demand or receive as a security deposit an amount or value in excess of two months’ rent.
Source Link - 3 Kan. Stat. § 58-2543
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“Security deposit” means any sum of money specified in a rental agreement, however denominated, to be deposited with a landlord by a tenant as a condition precedent to the occupancy of a dwelling unit, which sum of money, or any part thereof, may be forfeited by the tenant under the terms of the rental agreement upon the occurrence or breach of conditions specified therein.
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[Ed. note: because rent is a payment for occupancy rather than a refundable deposit, it falls outside this definition of a security deposit.]
Source Link - 4 Kan. Stat. § 58-2548
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Within five (5) days of the initial date of occupancy or upon delivery of possession, the landlord, or such landlord’s designated representative, and the tenant shall jointly inventory the premises. A written record detailing the condition of the premises and any furnishings or appliances provided shall be completed. Duplicate copies of the record shall be signed by the landlord and the tenant as an indication the inventory was completed. The tenant shall be given a copy of the inventory.Source Link
- 5 Kan. Stat. § 58-25,108
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All security deposits shall be held by the landlord for the tenant, who is a party to the agreement, in a bank, credit union or savings and loan association which is insured by an agency of the federal government. Security deposits shall not be commingled with the personal funds of the landlord. All security deposits may be held in a trust account, which may be a common trust account and which may be an interest bearing account. Any interest earned on a security deposit shall be the property of the landlord.Source Link
- 6 Kan. Stat. § 58-2550(f)
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The holder of the landlord’s interest in the premises at the time of the termination of the tenancy shall be bound by this section.Source Link
- 7 Kan. Stat. § 58-25,108(g) & (h)
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(g) Upon termination of a landlord’s interest in the mobile home park, the landlord or the landlord’s agent, within a reasonable time, shall transfer the security deposit, or any remainder after any lawful deductions to the landlord’s successor in interest and notify the tenant of the transfer and of the transferee’s name and address or return the deposit, or any remainder after any lawful deductions to the tenant.Upon termination of the landlord’s interest in the mobile home park and compliance with the provisions of this subsection, the landlord shall be relieved of any further liability with respect to the security deposit.(h) Upon termination of the landlord’s interest in the mobile home park, the landlord’s successor in interest shall have all the rights and obligations of the landlord with respect to the security deposits, except that if the tenant does not object to the stated amount within 20 days after written notice to the tenant of the amount of security deposit being transferred or assumed, the obligations of the landlord’s successor to return the deposit shall be limited to the amount contained in the notice. The notice shall contain a stamped envelope addressed to the landlord’s successor and may be given by mail or by personal service.Source Link
