- Property Management Laws Overview in Kansas
- Rental Application Laws
- Security Deposit Laws
- Laws About Leases and Lease Termination
- Laws About Rent and Late Fees
- Legally Required Disclosures
- Laws About Landlord Responsibilities
- Property Maintenance and Repair Laws
- Additional Rental Law Resources for the State of Kansas
Kansas Property Management Laws
Managing properties requires strict adherence to local laws and leasing regulations. The sheer number of statutes in real estate law can make it difficult to find the exact law you're looking for — this difficulty can be compounded when you manage properties in many states or have recently moved.
This guide was created to help give Kansas tenants and real estate investors a brief overview of the property management laws in the area and to direct those looking for answers to the appropriate laws surrounding their questions.
Key Points
- 1 Landlord-tenant law in Kansas is a complex topic, and it’s important to be sure you are citing the correct statute for your situation.
- 2 In Kansas, security deposits can be up to twice one month’s rent, and pet deposits may be up to one-half of the monthly rent.
- 3 Tenants may be evicted after three days if they don’t pay their rent on time.
- 4 Tenants can sue for 1.5 times the amount of their security deposit if they can claim a landlord kept a deposit that was due to be refunded.
Note: This guide is intended to be used as an educational resource. The contents within do not constitute legal advice. To obtain information regarding property management laws in your state, consult a local attorney. This guide is based only on property management laws at the state level. Local county and city laws may exist that are not discussed in this guide. Consult a local attorney to obtain information that pertains to your specific location and situation.
Property Management Laws Overview in Kansas
Code | Description | – | Rental Application Laws |
58-2550 | Security Deposit Laws |
58-2504 | Lease and Termination Laws |
58-2545 | Rent and Late Fee Laws |
58-2551 | Disclosure Laws |
58-2553 | Landlord Responsibility Laws |
58-2559 | Property Maintenance and Repair Laws |
Rental Application Laws
What application fees are allowed?
In Kansas, there is no law stating the application fees landlords can charge prospective tenants. Typically, an application fee ranges from $35 to $100 and is required for every adult renter.
Are background checks required to rent in Kansas?
There is no law that explicitly states whether or not a landlord must perform a background check; however, many landlords choose to do so. Federal fair housing guidelines prohibit discriminatory practices, and this can extend to criminal background checks if they are found to be inherently discriminatory.
Can landlords refuse to rent to someone?
A landlord is legally allowed to refuse to rent to someone based on the information they found in the background check, but it is illegal to discriminate against a potential renter on grounds of gender, sexuality, race, religion, age, disability, family status or other protected status under state and federal fair housing laws.
Security Deposit Laws
Are additional move-in fees allowed?
A security deposit may be charged to new tenants, as well as a pet deposit if the tenant wishes to have an animal.
Is there a limit on the security deposit amount that can be charged?
Landlords can charge a security deposit that is no higher than the total cost of one months’ rent (58-2550) if the unit is unfurnished, and 1.5 times the monthly rent if there is furniture. An additional pet deposit may total no more than half of one month’s rent.
Are there different rules for trailer parks?
Yes, in a trailer park, security deposits may equal up to two month’s rent (58-25-108).
Does the landlord have to hold the security deposit in a specific way during occupancy?
Yes, security deposits must be held in a federally insured bank account specifically used for holding security deposits or an interest-bearing trust account (58-25.108.b).
How long does the landlord have to return the security deposit after move out?
The landlord has 30 days to return a security deposit and must notify the tenant in writing no longer than 14 days after the move out of how much of the deposit they will keep and an itemized list of any repair charges (58-25.108.c).
What are the reasons why a landlord can withhold part or all of the security deposit?
If a landlord is left with financial burdens that are the result of a tenant moving, they can use all or a portion of the security deposit (58-25.108.c) to make repairs. Examples of reasons a landlord may withhold a security deposit are:
- The tenant caused damages or excessive wear and tear
- Rent was left unpaid
- The tenant abandoned the premises
What is the penalty if the landlord doesn’t return the security deposit?
A tenant can sue for 1.5 times the amount of the security deposit (58-25.108.d) if the landlord refuses in good faith to return monies owed to the tenant.
Laws About Leases and Lease Termination
What types of lease terms are allowed?
Lease terms are defined by what’s agreed upon in the lease. A tenancy can be offered on an at-will basis or as a monthly contract. A month-to-month basis is assumed unless written otherwise in the lease (58-25-105).
What happens if the tenant violates the lease?
If a tenant violates any material terms of the lease, the landlord must provide them a 30-day notice, with the stipulation that repairing the violation within 14 days will cancel the eviction. If the same issue recurs, a 30-day notice can be re-submitted with no option to repair the damages. If the termination is due to non-payment of rent, only 30 days’ notice is needed (58-2564.2).
How long can a tenant stay away from their rental without notifying the management?
If a tenant with a lease intends to stay away from their rental for more than seven days (58-2565), they must notify the management of their plan. If a tenant is in default of their rent for 10 days, a landlord may enter the premises, and if the landlord sees the tenants have removed a substantial portion of their belongings from the home, they may assume the tenant has abandoned the property.
If a tenant abandons their belongings with the rental, how does the landlord handle their items?
After 30 days since the possession of the property, the landlord may store the items at the tenant’s expense at a public self-storage facility (58-2656.d), sell the items or dispose of them if they hold no value. If the landlord holds a public auction with the items, they must make a public notice regarding the upcoming sale of said items no later than 15 days after taking over the property. One week following the publication of this notice, a copy must be mailed to the last known address of the tenant with the expected date of sale.
How much notice is required for a month-to-month lease termination?
The length of time required to terminate a lease depends on the length of time a resident has lived at the residence:
- Renters who have lived in a rental for a year or longer have the right to a 30-day notice to quit.
- When a tenant has lived in the unit for less than 3 months and has not paid rent when due, a 3-day notice is required to terminate the lease (58-2508).
- Tenants who have lived in the unit for longer than 90 days can be given a 10-day notice when rent is not paid on time.
- If the lease has an expiration date, or if the tenant voluntary commits a crime against the property, no notice is needed to evict them.
- At-will contracts must have 30 days’ notice to quit, except in the case of employee or military housing.
How can a landlord serve an eviction notice?
A landlord can either directly hand any tenant over age 12 the eviction notice (58-2510), post it in a conspicuous place, typically on the front door or send it via registered mail.
When can a tenant terminate a term lease without penalty?
A tenant is not required to live on a property that is not habitable, so if the home becomes unsafe or otherwise uninhabitable, the lease can be broken:
- If a fire or other casualty breaks out on the property rendering it uninhabitable, the tenant may immediately leave without paying fees for doing so, provided they submit written intent to end the lease no later than 5 days after vacating the property (58-2562).
- If there are repairs needed and the landlord has not completed them within a 14-day period of the tenant sending a written request, the lease may be broken without penalty after 30 days (58-2559).
How much notice do service members have to supply before terminating the lease?
Under the Service Members Civil Relief Act, anyone on active duty required to move is not required to pay penalties for breaking a lease early.
Can a victim of domestic violence break their lease without penalty?
Yes, under state Senate Bill 150, victims of domestic violence may break a lease without penalty if they must leave for their own safety.
How and when can a landlord evict a tenant?
When a landlord has furnished a notice to quit, the landlord can take possession of the dwelling on the time specified on the eviction notice. If a tenant refuses to leave the premises, a landlord cannot forcibly remove them or disconnect their utilities and services (58-2569), but they can charge the tenant 1.5 times the normal rent on a daily basis while they remain there.
How much notice does a landlord have to give before making changes to the property that result in the termination of tenancy?
It is not clearly defined in Kansas law how much time a landlord needs to provide a tenant when renovating a home, but county and local laws may apply.
Laws About Rent and Late Fees
When can a landlord increase rent?
If a tenant resides in a mobile home park, landlords must provide 60 days’ notice before increasing the rent (58-25-109.f), but it is not specified when rent can be raised in other types of housing.
Is there a maximum amount of rent that a landlord can charge tenants?
No, Kansas state law doesn’t define the maximum a landlord can charge for rent.
Does Kansas regulate the cost of rent in the state?
Rent control is the practice of capping the maximum rent a landlord can charge, often based upon area income medians. This practice is banned in Kansas as of 2019.
Is there a state-mandated grace period that landlords must give tenants before charging a late fee?
There is no late-fee grace period for renters in Kansas.
Is there a limit on how much of a late fee the landlord can charge tenants?
No, but a tenant has to agree in the lease or other written authorization to pay any late fees or other charges (58-2556).
Legally Required Disclosures
What types of disclosures are landlords required to supply regarding ownership of the property?
Any property owner or authorized representative must furnish their name and address to the tenant (58-2551).
Can the owner designate an agent to serve and receive disclosures?
Yes, an owner may choose a property manager or other agent to manage their tenants and serve them disclosures (58-2551).
What disclosures related to mold are landlords required to supply?
There is no required mold disclosure form in Kansas, but the law does state that a landlord is required to maintain (58-2553) their property in a safe and reasonable condition that complies with all local health and building codes.
What disclosures related to lead paint are landlords required to supply?
Federal laws under the EPA require landlords to provide a lead-based paint disclosure to any tenant applying to live in a building built before 1978.
Laws About Landlord Responsibilities
How much notice does the landlord have to supply before entry?
A landlord must provide “reasonable notice” (58-2557) to a tenant to enter the premises, but a time line is not specified. In the event of an emergency, a landlord needs no notice to enter. If the tenant is present and refuses entry after receiving a notice and it is during business hours, a landlord can move to evict the tenant (58-2571). Additionally, If the tenant is away for longer than 30 days, the landlord has the right to enter to maintain the health of the property.
When can the tenant refuse to allow the landlord entry?
A tenant may refuse entry if the landlord doesn’t provide adequate notice or if the request is not during business hours.
What steps must the landlord take to keep the property habitable?
Reasonable actions must be undertaken by the landlord to maintain (58-2553):
- Clean and safe common areas with available trash disposal
- Working utility connections
- All plumbing, heating, electrical, ventilation, water and air-conditioning systems in the home
- Safe and working appliances if offered with the rental
What amenities must the landlord supply and maintain?
Landlords must provide garbage receptacles in common areas, as well as any other measures needed to maintain clean and safe common areas (58-2553).
What utilities must the landlord supply and maintain?
A landlord must supply hot running water and heating in the home unless the facility is directly connected to public utilities that the tenant would manage themselves (58-2553).
Does the landlord have to supply a certificate of inspection?
A move-in inspection is required no later than 5 days of taking possession of the rental home, with a detailed report attached to the lease. State rental laws don’t explicitly state a certificate of inspection as being something a landlord is required to provide, but city and local regulations may apply. It is state law for a landlord to maintain all rentals to local building and health code standards and to keep the premises in safe and working condition for residents (58-2553).
Is the landlord required to supply locks and keys?
There is no law requiring a landlord to provide locks and keys, but it is reasonably assumed that basic security measures are in place to uphold the required safety standards under statute 28-2553.
Are retaliatory actions prohibited?
Yes, Kansas statute 58-25.125 forbids landlords from retaliation for requesting repairs or for complaints made on behalf of the tenant to the health or housing authorities as well as by joining a tenants union. Retaliatory actions include:
- Raising rent prices
- Decreasing services such as utilities
- Moving to evict a tenant for no-cause
Property Maintenance and Repair Laws
What type of maintenance is the landlord responsible for?
In Kansas, landlords are responsible for the maintenance of all systems and areas of the property (58-2553), including:
- Providing clean and safe common areas
- Upkeep of all appliances furnished with the home
- Maintaining in working condition all electrical systems as well as plumbing and heating and any ventilation or air conditioning systems that are a part of the home
- Keeping elevators in good working condition that adheres to local building codes
How long does the landlord have to make repairs?
Kansas law states that a landlord must make repairs in a reasonable amount of time, but doesn’t give a specific timeframe. A tenant can give 30-day written notice to quit their lease if the needed repairs are not made in 14 days of the landlord receiving such a notice (58-2559).
What type of maintenance is the tenant responsible for?
Statute 58-2555 rules that a tenant is required to maintain their rental home in a clean and safe condition. All plumbing and electrical appliances must be reasonably used and kept as clean as possible. Tenants are responsible for any damage done to the premises.
Is the landlord responsible to fix damage caused by tenants?
A tenant’s security deposit can be used to cover the cost of any damages to the building while they were living there (58-2550). If desired by both parties, a written agreement can be drafted that would let tenants maintain and repair their own premises (58-2553.b), if the building qualifies.
When does a landlord have to return and/or lower rent due to diminished rental value?
There is no statute in Kansas that outlines a landlord ever needing to reduce the market rent of their properties.
When can a tenant request an official inspection to determine substandard or dangerous living conditions?
A tenant can reach out to their local housing or public health department to complain about the conditions of their home and request a safety inspection. The law does not state that a landlord must provide this inspection.
Under what circumstances can a tenant make a repair and deduct the cost from the rent paid to the landlord?
Under Kansas law, it is not possible to charge repairs against your monthly rent. Not paying rent on time is grounds for eviction with a 3-day notice.
When is a landlord required to pay for relocation assistance?
There is no law that defines a landlord must help relocate tenants.
Additional Rental Law Resources for the State of Kansas
These additional resources can help to educate tenants, landlords and property managers on the Landlord-Tenant Act in Kansas or provide assistance with questions and concerns as well as referrals to available social services programs.
Name | Phone Number | Description |
Housing Discrimination Hotline | (800) 669-9777 | Accepts complaints from tenants regarding unfair treatment by landlords as well as fraud. |
Low Income Energy Assistance Program (LIEAP) | (800) 432-0043 | A yearly program that helps low-income residents pay their energy bills in the form of a utility grant. Funds are not always available. |
Kansas Housing Resources Corporation | (785) 217-2001 | Offers education and resources to tenants and homeowners and provides access to local social services. |
Kansas Residential Landlord-Tenant Act | N/A | Handbook outlining the laws and regulations surrounding renting residential property in Kansas. |
Kansas Housing Authorities | N/A | List of all the housing authorities in Kansas, where you can request information regarding available local social services programs like housing assistance. |
Note: This guide is intended to be used as an educational resource. The contents within do not constitute legal advice. To obtain information regarding property management laws in your state, consult a local attorney. This guide is based only on property management laws at the state level. Local county and city laws may exist that are not discussed in this guide. Consult a local attorney to obtain information that pertains to your specific location and situation.