This is a summary of Kansas Landlord-Tenant laws that apply to residential (non-commercial) rentals. These references were compiled from the Kansas Statutes Annotated, and various online sources to serve as a reference and for people wanting to learn about Kansas landlord-tenant laws, Kansas eviction laws, and Kansas renters’ rights.
However, this guide is not comprehensive and PayRent does not warrant the accuracy of this information. Statutes can change any time the state legislature passes a new law. Additionally, counties and cities may have different regulations. Given its limitations, this guide is not an adequate substitute for legal advice from a knowledgeable lawyer. If you are dealing with a landlord-tenant issue, you seek guidance from a qualified attorney. If you need help finding an attorney, we’ve included a list of attorney referral services in this guide.
Rules and Regulations Governing Kansas Landlord-Tenant Laws
- Kan. Stat. Ann. §§ 58-2501 – 58-2573 – Kansas Residential Landlord & Tenant Act
- Kan. Stat. Ann. §§ 58-25,100 – 58-25,126 – Kansas Mobile Home Parks Residential Landlord and Tenant Act
Kansas Lease Terms Provisions
- What is the maximum allowable security deposit?
The security deposit cannot exceed one month’s rent for unfurnished rentals and one and a half months’ rent for furnished units. Pet deposits may not exceed ½ of one month’s rent. (Kan. Stat. Ann. §§ 58-2550(a))
- Are security deposits required to earn interest?
No. There is no Kansas law requiring security deposits to earn interest.
- Do landlords need to store security deposits in a separate bank account?
No. There is no Kansas law requiring security deposits to be stored in a separate bank account.
- Are non-refundable fees, such as pet fees, prohibited?
No. There is no Kansas law forbidding non-refundable fees or limiting the amount that landlords can charge.
- How long do landlords have to return security deposits?
14 days after the determination of the amount to be deducted, not to exceed 30 days after the termination of the tenancy, delivery of possession and demand by the tenant. (Kan. Stat. Ann. §§ 58-2550(b))
- Can landlords withhold security deposits?
Yes. Landlords can use the deposit to cover accrued rent and to repair any damages to the property caused by tenants’ failures to comply with their duties or the rental agreement (see Tenant’s Duties). (Kan. Stat. Ann. §§ 58-2550(b))
- Are landlords required to itemize damages and fees deducted from security deposits?
No. There is no Kansas law requiring landlords to itemize security deposit deductions.
- Do landlords have to issue receipts upon receiving security deposits?
No. There is no Kansas law requiring landlords to issue receipts for security deposits.
- Are there any specific requirements for record-keeping for deposit withholdings?
No. There is no Kansas law specifying record-keeping requirements.
- What happens when a landlord does not return a security deposit within the required timeframe?
The tenant may recover the security deposit due as well as damages in an amount equal to 1 1/2 the amount wrongfully withheld. (Kan. Stat. Ann. §§ 58-2550(c))
- Is there a cap on how much landlords can charge for rent? (rent control)
No. There are no rent control laws in Kansas.
- When is rent due?
Rent is due at the time and place agreed upon by the landlord and tenant. Unless they agree to a different arrangement, rent is due at the beginning of the month and will be paid in equal monthly installments. (Kan. Stat. Ann. §§ 58-2545(c))
- Does rent need to be paid using a certain method of payment?
No. There is no Kansas law requiring a certain payment method for rent.
- Can landlords charge late fees when rent is late?
Yes. Late fees may be included in the lease. (Kan. Stat. Ann. §§ 58-2545(a))
- Do landlords have to allow for a grace period for paying rent before charging late fees?
No. There is no Kansas law requiring a grace period before assessing late fees.
- Can landlords charge application fees?
Yes. There is no Kansas law forbidding application fees or limiting the amount that landlords can charge.
- Can landlords charge returned check fees?
Yes. Landlords can charge a returned check fee up to $30. (Kan. Stat. Ann. §§ 60-2610(g))
Kansas Landlord-Tenant Relations
- Are landlords required to provide tenants with notice of rent increases between lease terms?
No. There is no Kansas law requiring landlords to provide tenants with notice of rent increases between lease terms. However, landlords cannot raise your rent in the middle of your lease.
- Are landlords required to provide tenants with notice of pesticide use on the property?
No. There is no Kansas law requiring landlords to provide tenants with notice of pesticide use on the rental property.
- What notice is required to terminate a fixed-end lease?
No notice is required — the lease ends on the date stated in the lease. (Kan. Stat. Ann. §§ 58-2509)
- What notice is required to terminate a week-to-week periodic lease?
Either the landlord or the tenant can terminate the lease with 7 days written notice. (Kan. Stat. Ann. §§ 58-2570(a))
- What notice is required to terminate a month-to-month periodic lease?
Either the landlord or the tenant can terminate the lease with 30 days written notice. (Kan. Stat. Ann. §§ 58-2570(b))
- Is notice of the date and time of the move out inspection required?
Within 5 days of the initial date of occupancy or upon delivery of possession, the landlord, or such landlord’s designated representative, and the tenant shall jointly inventory the premises. (Kan. Stat. Ann. §§ 58-2548)
- When can landlords enter the rental premises with notice?
- To inspect the premises.
- To make necessary or agreed to repairs, decorations, alterations, or improvements.
- To supply necessary or agreed services.
- To show the unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors. (Kan. Stat. Ann. §§ 58-2557(a))
- What notice must a landlord give a tenant before entering the rental unit?
The landlord must provide reasonable notice and only enter at reasonable hours. (Kan. Stat. Ann. §§ 58-2557(a))
- When can landlords enter the rental premises without providing notice to their tenants?
In case of an extreme hazard involving the potential loss of life or severe property damage. (Kan. Stat. Ann. §§ 58-2557(b))
Landlord’s Duties (Kan. Stat. Ann. §§ 58-2553(a))
- Landlords must comply with applicable building and housing codes materially affecting health and safety.
- Landlords must exercise reasonable care in the maintenance of the common areas.
- Landlords must maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, appliances, including elevators, supplied or required to be supplied by the landlord.
- Except where provided by a governmental entity, landlords must provide and maintain appropriate receptacles for the removal of garbage and arrange for their removal.
- Landlords must supply running water and reasonable amounts of hot water at all times and reasonable heat.
Tenant’s Duties (Kan. Stat. Ann. §§ 58-2555)
- Tenants must comply with all obligations imposed upon tenants by building and housing codes materially affecting health and safety.
- Tenants must keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permits.
- Tenants must dispose of all ashes, garbage, rubbish, and other waste cleanly and safely.
- Tenants must keep all plumbing fixtures as clean as their condition permits.
- Tenants must use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators in the premises in a reasonable manner;
- Tenants must be responsible for any destruction, defacement, damage, impairment, or removal of any part of the premises caused by an act or omission of the tenant or by any person or animal or pet on the premises at any time with the express or implied permission or consent of the tenant.
- Tenants not engage in conduct or allow any person or animal or pet, on the premises with the express or implied permission or consent of the tenant, to engage in conduct that will disturb the quiet and peaceful enjoyment of the premises by other tenants.
Required Landlord Disclosures
- Landlords are required to disclose in writing the names and business addresses of:
- the person authorized to manage the premises.
- the owner of the premises or a person authorized to act for and on behalf of the owner for service of process and receiving notices. (Kan. Stat. Ann. §§ 58-2551(a))
- Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.
Kansas Renters’ Rights
- What are Kansas renters’ rights if landlords breach their duties? (See Landlord’s Duties)
If a landlord’s failure to comply with the rental agreement or their legal duties materially affects health and safety, the renter may deliver a written notice to the landlord identifying the issue(s). If the landlord does not remedy the breach within 30 days of receiving notice, the lease will terminate. The entire security deposit must be refunded, and the tenant may recover damages and obtain injunctive relief. (Kan. Stat. Ann. §§ 58-2559)
- Are tenants allowed to withhold rent for needed repairs or other breaches of their landlords’ duties?
No. There is no Kansas law allowing tenants to withhold rent to enforce their legal rights.
- What are the protections for tenants against retaliation from their landlords for exercising their Kansas renter’s rights?
Kansas law prohibits landlords from increasing rent or decreasing services, if the tenant has complained to a governmental agency about a health and safety violation, complained to the landlord about a breach of landlord’s duties, or has organized or become a member of a tenant’s union or similar organization. (Kan. Stat. Ann. §§ 58-2572(a))
Kansas Eviction Laws
- What are the reasons that landlords can evict tenants under Kansas eviction laws?
- Nonpayment of rent (Kan. Stat. Ann. §§ 58-2564(b))
- A material violation of lease terms / rental agreement or the tenant’s duties (Kan. Stat. Ann. §§ 58-2564(a))
- The tenant remains in possession without the landlord’s consent after expiration or termination of the term of the rental agreement (holdover tenancy) (Kan. Stat. Ann. §§ 58-2570(c))
- What notice do Kansas eviction laws require that landlords provide tenants before starting the eviction process?
- For evictions based on non-payment of rent, the landlord must give a 3-day notice to pay before starting the eviction process. (Kan. Stat. Ann. §§ 58-2564(b))
- For evictions based on a violation of lease terms, landlords must give a 14-day notice to comply to correct the issue before starting the eviction process. (Kan. Stat. Ann. §§ 58-2564(a))
- For evictions based on a holdover tenancy, landlords must provide the notice required to end the tenancy. If the tenant remains on the rental property after the termination date, the landlord can begin the eviction process without providing additional notice. (Kan. Stat. Ann. §§ 58-2570(c))
- Do Kansas eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities?
No. If a landlord evicts a tenant using self-help methods, the tenant can choose to recover possession or terminate the lease. Tenants can recover the greater of 1 1/2 months’ rent or the damages sustained. (Kan. Stat. Ann. §§ 58-2563)
COVID-19 Changes to Kansas Landlord-Tenant Laws
- The CDC has passed a national eviction ban through December 31, 2020, that prohibits landlords from evicting tenants who meet the following criteria for nonpayment:
- Have used their best efforts to obtain all available government assistance for rent.
- Expect to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return).
- Are unable to pay their full rent or make a full housing payment due to substantial loss of income or employment, or extraordinary medical bills.
- If evicted, will have no other housing options.
- The federal Coronavirus Aid, Relief, and Economic Security (CARES) Act requires landlords to provide a 30-day notice to tenants before eviction. However, the CARES Act only applies to properties that are supported by the United States Department of Housing and Urban Development (HUD), the United States Department of Agriculture (USDA), or the United States Treasury (Low Income Housing Tax Credit), and properties with federally-backed mortgages, such as FHA, Fannie Mae, and Freddie Mac.
- The Kansas governor has issued an executive order prohibiting certain evictions until January 26, 2021.
- Kansas Small Claims Court Information
- Kansas District Courts
- Kansas Judiciary
- Kansas Attorney General
- Kansas Tenants Handbook
- Landlord & Tenant Resources
- Kansas Insurance Department
- Homeowners/Renters Insurance Shopper’s Guide
- Kansas Business Center Kansas Housing Resources Corporation
- U.S. Department of Housing and Urban Development – Kansas
- Kansas Real Estate Commission
- Kansas Legal Services
- Housing and Credit Counseling, Inc.
- Cornerstone of Topeka
- Kansas Legal Assistance Resources
Attorney Referral Services
Realtor and Landlord-Tenant Associations
- Kansas Association of Realtors
- Sunflower Association of Realtors
- Realtors of South Central Kansas
- Kansas City Regional Association of Realtors
- Flint Hills Association of Realtors
- Apartment Association of Greater Wichita
- Apartment Association of Kansas City
- Lawrence Apartments Association
- Shawnee County Landlord’s Association