The Kansas residential lease agreement (“rental agreement”) is a written contract for the exchange of the temporary use of a residential property for regular, periodic payments (“rent”). The parties involved in the agreement are known as the landlord (“lessor”) and the tenant (“lessee”).
Kansas Lease Disclosures & Addendums
The following disclosures or addendums are either required for some or all residential lease agreements in Kansas.
- Landlord’s Name & Address – for all rental units in Kansas.
- Move-In Checklist – for all rental units in Kansas.
- Lead Based Paint Disclosure – for rental units built prior to 1978.
There are also a number of optional disclosures and addendums that help reduce future conflicts and/or legal liability in Kansas.
Landlord’s Name & Address
Applicable to all rental units in Kansas.
So that future legal notices and demands sent by the tenant can be properly delivered to the landlord, the name and address of either the landlord or the person authorized to act on the landlord’s behalf must be disclosed up-front (commonly done so in the lease agreement) .
Applicable to all rental units in Kansas.
Kansas landlords are required to provide and complete a move-in checklist jointly with the tenant on or within 5 days of delivery of possession . The checklist does not need to be included as part of the lease, but should be completed within 5 days of move-in to ensure accurate status and a copy is to be provided to each party .
This checklist can be used to identify existing damages to help itemize deductions from the security deposit (if applicable) upon move-out. The checklist should include any present damage or specific furnishings that are included (such as appliances or furniture) that must be returned in the same state they were upon move-in.
Here is an example of a checklist that is sufficient for meeting state requirements.
Lead Based Paint Disclosure
Applicable to any rental units built prior to 1978.
It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in Kansas to:
- Fill out and attach this lead based paint disclosure form to the lease agreement.
- Provide the tenant with an EPA-approved pamphlet about the dangers of lead-based paint.
- Provide additional records or reports about the presence or hazards of any known lead based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
Optional Disclosures & Addendums (Recommended)
The following lease agreement disclosures and addendums are not required by Kansas law in residential lease agreements, but either help reduce future conflicts with tenants or reduce legal liability for landlords.
- Late and Returned Check Fees – it is recommended that landlords disclose in the lease any late fees or returned (bounced) check fees that they intend to charge. Kansas does not limit how high these fees can be, but they should be considered reasonable (often no more than 10% of rent) and reflect the actual expenses incurred by the landlord as a result of a late payment. They must also be charged only after the agreed upon due date for rent, dictated in the lease.
- Shared Utilities Arrangements – for rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month.
- Bed Bug Disclosure – for rental units with a history of infestation, it is recommended to establish an understanding of the current status of bed bugs at the property in case of a future infestation and to provide information on the protocol for handling one.
- Asbestos Disclosure – for rental units in buildings built prior to 1981 (which are considered at-risk for asbestos), it is recommended to establish an understanding of any prior knowledge on the existence of asbestos on the property.
- Mold Disclosure – it is recommended to disclose the current mold status of a property in the lease to protect against future liability of mold damages due to tenant negligence during the lease term.