A Kansas month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement renews monthly, until either party gives proper notice to end it.
Basics of a Kansas Month-to-Month Rental Agreement
In Kansas, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.
Parties under a month-to-month lease have full rights under Kansas landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party, for any reason, without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Kansas
Kansas landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Landlord’s Name and Address – Kansas landlords must give the tenant their name and address, or that of their authorized agent. This allows required communication (for example, about repairs) to happen in a smooth way. Typically also includes phone numbers and/or email addresses.
- Move-In Checklist – Landlords must provide tenants with a move-in checklist to take inventory of existing property damage before move-in. This ensures accurate deductions from the security deposit upon move-out.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Kansas
Kansas lets both the landlord or tenant end a month-to-month lease with at least 30 days of advance notice. In general, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation.
Kansas requires written notice to end a month-to-month lease. Notice must be hand-delivered to the tenant if possible. If the tenant can’t be found, it may be left with someone 12 or older at the address of record. If nobody is available, it may be posted in a conspicuous place at the address of record, or mailed by registered/certified mail with return receipt requested.
Required Notice To Raise the Rent on a Kansas Month-to-Month Lease
Kansas doesn’t have a specific timeframe required to raise the rent. This means in most cases it’s reasonable for a landlord to keep the same standard advance notice provided for termination or other major lease changes, which in Kansas is 30 days. Notice to raise rent must be in writing.
Eviction in Kansas Month-to-Month Rentals
Kansas may get evicted if they violate lease terms or stay on the property after the notice period allowed by a valid termination. Evictions in Kansas typically take three to twelve weeks.
For more information on the eviction process in Kansas, click here.
Sources
- 1 Kan. Stat. § 58-2570(b)
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The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other party stating that the tenancy shall terminate upon a periodic rent-paying date not less than 30 days after the receipt of the notice, except that not more than 15 days’ written notice by a tenant shall be necessary to terminate any such tenancy where the tenant is in the military service of the United States and termination of the tenancy is necessitated by military orders. Any rental agreement for a definite term of more than 30 days shall not be construed as a month-to-month tenancy, even though the rent is reserved payable at intervals of 30 days.
Source Link - 2 Kan. Stat. § 58-2510
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Notice as required in the preceding sections may be served on the tenant, or, if the tenant cannot be found, by leaving a copy thereof at the tenant’s usual place of residence, or by delivering a copy thereof to some person over 12 years of age residing on the premises, or, if no person is found upon the premises, by posting a copy of the notice in a conspicuous place thereon, or by registered mail, registered mail return receipt requested, or certified mail, return receipt requested, addressed to the tenant at the tenant’s usual place of residence. Proof of service by registered mail may be by the affidavit of the person mailing such notice or by the return receipt. Proof of service by certified mail may be by the return receipt.
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