Warranty of Habitability in Kansas

Last Updated: April 28, 2023 by Elizabeth Souza

In Kansas, a landlord’s obligation for providing a habitable living space is primarily governed by KS Stat. §58-2553. This legal requirement, commonly known as the “implied warranty of habitability,” also outlines the rights of tenants when repairs are not made in a timely manner.

Quick Facts Answer
Landlord Responsibilities Hot/Cold Water, HVAC, Plumbing, Electrical, Sanitation Facilities, Trash Can.
Time Limit for Repairs 14 Days
Tenant Recourse Options
  • Withhold Rent: No
  • Repair & Deduct: No

Applicable Dwelling Types in Kansas

The implied warranty of habitability in Kansas does not apply to all types of dwellings. See the table below for which are and aren’t included.

Dwelling Type Landlord/Tenant Laws Apply?
Single family Yes
Multi-family Yes
Fraternities/Sororities/Clubs No
RV parks Not specifically addressed
Mobile home parks Only if mobile home is rented, not owned, by tenant
Condos Only if person in condo is renter
Hotels/Motels No

Mobile home parks have their own special rules and will not be covered under this article.

Landlord Responsibilities in Kansas

The following chart lists possible landlord responsibilities when it comes to habitability.  Not all of them are requirements in Kansas, as indicated below.

Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.

Habitability Issue Landlord Responsibility?
Provide windows and doors that are in good repair. Not addressed
Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. Not addressed
Provide hot and cold running water. Yes
Provide working HVAC equipment. Yes
Provide working plumbing and electrical wiring/outlets/ lighting. Yes
Provide working gas lines if used for utilities/cooking Not addressed
Provide working sanitation facilities (bathtub/shower, toilet). Yes
Provide a trash can (for trash pickup services). Yes
Ensure that any stairs and railings are safe. Not addressed
Ensure that all floors are in good condition and safe. Not addressed
Provide fire exits that are usable, safe, and clean. Not addressed
Ensure storage areas, including garages and basements, do not house combustible materials. Not addressed
Provide working smoke detectors Yes
Provide a mailbox. No
Provide working wiring for one telephone jack. Not addressed
Provide working kitchen appliances. Not required, but must work if provided
Provide working carbon monoxide detector. Not addressed
Provide a working washer/dryer. Not required, but must work if provided

Landlords must provide reasonable care in the maintenance of all common areas (i.e., hallways, parking lots, etc.).

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Repairs, Recourse & Retaliation in Kansas

If a rental property is in violation of the implied warranty of habitability in Kansas, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.

Requesting Repairs in Kansas

Kansas tenants must request repairs by sending the landlord notice of the issue in writing. To reserve the relevant legal options, the tenant must also state actions they might take if the landlord does not make timely repairs, such as canceling the lease altogether.

An example of language a tenant might use to state these intentions is: “If the landlord hasn’t begun good faith repairs in 14 days, the renter may exercise his right to cancel the rental agreement on the next periodic rent date that’s 30 or more days from today.

Renter’s Rights if Repairs Aren’t Made in Kansas

Kansas renters have the right to repairs for issues affecting health and safety, unless they caused the issue themselves. After receiving proper written notice about an issue that needs fixing, the landlord has 14 days to begin good-faith repairs.

If the issue isn’t fixed, the renter can end the rental agreement, or ask a court to order repairs or compensation. Ending the rental agreement after proper notice is the renter’s only option out of court. The renter isn’t allowed to repair and deduct, or withhold rent. Read More

Landlord Retaliation in Kansas

Kansas landlords can’t retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken one of the following protected actions:

  • Complaining to the government about health and safety issues on the property.
  • Asking the landlord to do repairs required by law.
  • Participating in tenant organizations.

There’s an exception allowed for non-retaliatory, good-faith motivations. For example, a proportionate increase in rent following an increase in property tax isn’t retaliation.

Tenants can respond to retaliation by suing for quiet enjoyment of the property, and can recover possession of the property or cancel the rental agreement, plus recovering punitive damages.