| Quick Facts | Answer |
| Maximum / Limit | 1, 1½, 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.
Maximum Security Deposit Allowed in Kansas
Kansas law limits the maximum security deposit to one month’s rent. 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 KS 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. However, this requirement exists whether or not 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 KS Stat § 58-2550
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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.Source Link
- 2 KS Stat § 58-2550
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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 1 1/2 months’ rent.Source Link
- 3 KS Stat § 58-2550
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…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.Source Link
- 4 KS 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.Source Link
- 5 KS Stat § 58-2548
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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
- 6 KS 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…may be held in a trust account…Source Link
- 7 KS Stat § 58-25,108
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Security deposits shall not be commingled with the personal funds of the landlord.Source Link
- 8 KS Stat § 58-2550
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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
- 9 KS Stat § 58-25,108
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…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.Source Link
- 10 KS Stat § 58-25,108
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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
- 11 KS Stat § 58-25,108
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…if the tenant does not object to the stated amount within 20 days after written notice to the tenant…the obligations of the landlord’s successor to return the deposit shall be limited to the amount contained in the notice.Source Link
