Perhaps landlords are moving temporarily for a job assignment and want to rent out their home while they’re gone. Or maybe you’re helping out a friend with a rental while they’re looking for their forever home. Whatever the reason, a Kansas month-to-month rental agreement, or a tenancy at will, is great for those who need a little extra flexibility with their rental.
Although these types of leases are more flexible, they still fall under Kansas landlord-tenant law. Below, we’ll break down everything landlords need to know about month-to-month lease agreements in Kansas.
Disclosures (3)
Kansas law requires landlords to disclose certain information to their tenants before signing a lease agreement.
- Lead-based paint: Federal law states landlords must give their tenants any known information about lead-based paint and its hazards in homes built before 1978. Landlords must also provide a copy of the EPA’s lead safety pamphlet.
- Landlord identification: Landlords must give their name and contact information to the tenant, so they can contact landlords as needed (Kan. Stat. § 58-2551).
- Move-in checklist: Landlords and their tenants must inspect the unit’s condition within 5 days of move-in, including all major appliances and any existing damages (Kan. Stat. § 58-2548).
Optional Disclosures and Addenda
While not legally required, including these optional disclosures helps keep everyone informed and things running smoothly.
Asbestos: Discloses any asbestos present in the unit and gives tips to minimize exposure.
Bed bugs: Informs tenants of any known or suspected bed bug infestations in the unit or in adjacent units.
Landlord’s name and address: Provides the landlord’s name and contact information for the tenant.
Late/returned check fees: Outlines the fees for late or returned rent checks. In Kansas, landlords may charge up to $20 or 20% of the late rent, whichever is greater, as a late fee. Returned check fees are capped at $30 per check (Kan. Stat. § 60-2610(g)).
Medical marijuana use: Outlines the acceptable use of medical marijuana in the unit.
Mold: Discloses any known mold in the unit and provides information on treatment options. The mold disclosure also reminds tenants of their obligation to report any mold they find immediately.
Non-refundable fees: Lists any non-refundable fees that landlords charge during the tenancy at will.
Shared utilities: Explains how landlords split utility costs if the rental shares a utility meter with any other unit or a common area.
Smoking: Informs tenants of the unit’s smoking policy, including any designated smoking areas that are on the property.
Additional Kansas Month-to-Month Lease Laws
Several state landlord-tenant laws affect Kansas month-to-month lease agreements.
Notice to Terminate a Month-to-Month Agreement
Notice requirements are especially important in a month-to-month rental arrangement.
Required notice for tenant: Tenants must give a minimum of 30 days’ written notice to terminate a Kansas month-to-month lease agreement (Kan. Stat. § 58-2504).
Required notice for the landlord: Landlords must also give a minimum of 30 days’ written notice to terminate the arrangement (Kan. Stat. § 58-2504).
Laws Governing Rent Increases
Month-to-month rental arrangements allow landlords greater flexibility to increase rent, but some rules still apply. Kansas does not have rent control or stabilization laws (in fact, the state banned rent control). In other words, landlords can raise the rent by a reasonable amount they deem necessary (Kan. Stat. § 12-16,120).
However, there are notice requirements that come with increasing the rent. For a month-to-month agreement, landlords must give 30 days’ written notice before the rent increase takes effect (Kan. Stat. Ann. § 58-2570).
Lease Violations and Eviction
From time to time, lease violations can happen, even to the best tenants. Here’s how landlords should respond.
Missed rent payment: If a tenant misses a rent payment, landlords may issue a 3-day Notice to Pay or Quit (Kan. Stat. Ann. § 58-2564).
Lease violation: For most other lease violations, landlords may issue a 30-day Notice to Cure or Quit, allowing their tenant 14 days to correct the issue. If not corrected within this time, the tenant must move out by the end of the 30 days. For repeated violations, landlords may issue a 30-day Notice to Quit (Kan. Stat. § 58-2564(a)).
Lease abandonment: If a tenant moves out of the unit before the end of their lease, they may be financially responsible for the remainder of the lease. Landlords should attempt to re-rent the unit as soon as possible to limit financial losses (Kan. Stat. § 58-2565).
Self-help evictions: Self-help evictions are illegal in Kansas. All evictions must go through the proper legal process.
Rent Payment Laws
When paying and collecting rent in Kansas, state law still applies.
Rent control/stabilization: Rent control and stabilization laws do not exist in Kansas. In fact, the state banned rent control (Kan. Stat. § 12-16,120).
Late rent fees: Kansas landlords may charge a $20 late fee or 20% of the late rent, whichever is greater (Kan. Stat. § 58-816a).
Grace period: Kansas law does not require landlords to offer a grace period to their tenants for late rent.
Tenant’s right to withhold rent: For serious issues that affect health or safety, Kansas tenants must provide a written notice to their landlord stating the issue and that the lease will terminate in 30 days. If the landlord does not remedy the issue within 30 days, the tenant may terminate the lease and seek damages (Kan. Stat. § 58-2559).
Pet rent laws: Landlords may charge a tenant pet rent or collect a pet deposit, provided the amounts are reasonable, and the lease template clearly states the charges.
Security Deposits
Kansas also has laws that impact security deposits, from how much landlords can charge to when landlords must return the funds.
Maximum amount: In Kansas, landlords may charge up to 1 month’s rent as a security deposit for an unfurnished unit, or 1.5 months’ rent for a furnished unit (Kan. Stat. § 58-2550(a)).
Deposit receipt: Kansas law does not require landlords to issue a receipt for their tenants’ security deposit payments.
Interest payments: Landlords are not required to pay tenants interest on their security deposit payment.
Security deposit return: Landlords must return the tenant’s security deposit within 30 days of lease termination, unless landlords are withholding any deductions. Landlords must return the balance of the security deposit within 14 days of making repair deductions (Kan. Stat. § 58-2550(b)).
Deductions: In Kansas, landlords can withhold funds from the security deposit to cover expenses from unpaid rent or excessive damages. If landlords withhold deductions, they must provide the tenant with a detailed, itemized list of the charges (Kan. Stat. § 58-2550(b)).
Property Access Laws
In any rental relationship, it’s important to respect the tenant’s privacy while maintaining the ability to take care of the property.
Advance notice: To enter the unit for routine maintenance or repairs, landlords must give their tenant reasonable notice and only enter at reasonable times (Kan. Stat. § 58-2557(a)).
Immediate access: In an emergency, landlords may enter the property without the tenant’s consent (Kan. Stat. § 58-2557(b)).
Harassment: If a landlord enters the unit without a good reason or without giving notice, it is harassment. In some cases, a tenant may terminate the lease early (Kan. Stat. § 58-2571(b)).
