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The following excerpts and compilation from state law may not reflect some recent amendments. The best source for current information are the links we provide to state government web sites.
Kansas Landlord Tenant Law
K.S.A. 58-2550.
(a) A landlord may not demand or receive a security deposit for an unfurnished dwelling unit in an amount or value in excess of one month's periodic rent. If the rental agreement provides for the tenant to use furniture owned by the landlord, the landlord may demand and receive a security deposit not to exceed 1 1/2 months' rent, and if the rental agreement permits the tenant to keep or maintain pets in the dwelling unit, the landlord may demand and receive an additional security deposit not to exceed 1/2 of one month's rent. A municipal housing authority created under the provisions of K.S.A. 17-2337 et seq., and amendments thereto, which is wholly or partially subsidized by aid from the federal government may, pursuant to a rental agreement in which rent is determined solely by the personal income of the tenant, may demand and receive a security deposit in accordance with a schedule established by the housing authority, which is based on the bedroom unit size of the dwelling unit. Any such municipal housing authority which establishes such a schedule shall provide a deferred payment plan whereby the tenant may pay the deposit in reasonable increments over a period of time and shall pay to the tenant interest on the amount deposited at a rate of not less than five percent (5%) per year, payable upon termination of the tenant's tenancy.
(b) Upon termination of the tenancy, any security deposit held by the landlord may be applied to the payment of accrued rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with K.S.A. 58-2555, and amendments thereto, and the rental agreement, all as itemized by the landlord in a written notice delivered to the tenant. If the landlord proposes to retain any portion of the security deposit for expenses, damages or other legally allowable charges under the provisions of the rental agreement, other than rent, the landlord shall return the balance of the security deposit to the tenant within 14 days after the determination of the amount of such expenses, damages or other charges, but in no event to exceed 30 days after termination of the tenancy, delivery of possession and demand by the tenant. If the tenant does not make such demand within thirty (30) 30 days after termination of the tenancy, the landlord shall mail that portion of the security deposit due the tenant to the tenant's last known address.
(c) If the landlord fails to comply with subsection (b) of this section, the tenant may recover that portion of the security deposit due together with damages in an amount equal to 1 1/2 the amount wrongfully withheld.
(d) Except as otherwise provided by the rental agreement, a tenant shall not apply or deduct any portion of the security deposit from the last month's rent or use or apply such tenant's security deposit at any time in lieu of payment of rent. If a tenant fails to comply with this subsection, the security deposit shall be forfeited and the landlord may recover the rent due as if the deposit had not been applied or deducted from the rent due.
(e) Nothing in this section shall preclude the landlord or tenant from recovering other damages to which such landlord or tenant may be entitled under this act.
(f) The holder of the landlord's interest in the premises at the time of the termination of the tenancy shall be bound by this section.
Statute # 58-2561 Action for possession for nonpayment of rent; counterclaim, waiver; accrued rent, payment into court; disposition; when judgment for tenant.
(a) In an action for possession based upon nonpayment of the rent, or in an action for rent where the tenant is in possession, the tenant shall counterclaim for any amount which such tenant may recover under the rental agreement or this act or such counterclaim shall be deemed to have been waived. In that event, the court from time to time may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and the balance shall be paid by the other party. If no rent remains due after application of this section, judgment may be entered for the tenant in the action for possession.
(b) In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subsection (a), but the tenant shall not be required to pay any rent into court.
Statute # 58-2564 Material noncompliance by tenant; notice; termination of rental agreement; limitations; nonpayment of rent; remedies.
(a) Except as otherwise provided in the residential landlord and tenant act, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with K.S.A. 58-2555 and amendments thereto materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice, if the breach is not remedied in 14 days. The rental agreement shall terminate as provided in the notice regardless of the periodic rent-paying date, except that if the breach is remediable by repairs or the payment of damages or otherwise, and the tenant adequately initiates a good faith effort to remedy the breach prior to the date specified in the notice, the rental agreement will not terminate. However, in the event that such breach or a similar breach occurs after the 14-day period provided in this subsection, the landlord may deliver a written notice to the tenant that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice without providing the opportunity to remedy the breach. The rental agreement then shall terminate as provided in such notice regardless of the periodic rent-paying date.
(b) The landlord may terminate the rental agreement if rent is unpaid when due and the tenant fails to pay rent within three days, after written notice by the landlord of nonpayment and such landlord's intention to terminate the rental agreement if the rent is not paid within such three-day period. The three-day notice period provided for in this subsection shall be computed as three consecutive 24-hour periods. When such notice is served on the tenant or to some person over 12 years of age residing on the premises, or by posting a copy of the notice in a conspicuous place thereon, the three-day period shall commence at the time of delivery or posting. When such notice is delivered by mailing, an additional two days from the date of mailing should be allowed for the tenant to pay such tenant's rent and thereby avoid having the rental agreement terminated.
(c) Except as otherwise provided in the residential landlord and tenant act, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or K.S.A. 58-2555 and amendments thereto.
(d) The provisions of this section shall not limit a landlord's or tenant's right to terminate the rental agreement pursuant to K.S.A. 58-2570, and amendments thereto.
Statute # 58-2568 Landlord's remedies upon termination of rental agreement. Upon termination of the rental agreement, the landlord may have a claim and file an action for possession or for rent or both. The landlord also may have a separate claim for actual damages for breach of the rental agreement and may file an action for such damages prior to the termination date of the rental agreement.
Statute # 58-2570 Termination of tenancy; notice; holdover by tenant; remedies.
(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days prior to the termination date specified in the notice.
(b) 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 thirty (30) days after the receipt of the notice, except that not more than fifteen (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 thirty (30) days shall not be construed as a month-to-month tenancy, even though the rent is reserved payable at intervals of thirty (30) days.
(c) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession, and if the tenant's holdover is willful and not in good faith the landlord, in addition, may recover an amount not more than one and one-half (1 1/2) months' periodic rent or not more than one and one-half (1 1/2) times the actual damages sustained by the landlord, whichever is greater. If the landlord consents to the tenant's continued occupancy subsection (d) of K.S.A. 58-2545 shall govern.
(d) In any action for possession, the landlord may obtain an order of the court granting immediate possession of the dwelling unit to the landlord by filing a motion therefor in accordance with subsection (b) of K.S.A. 60-207 and service thereof on the tenant pursuant to K.S.A. 60-205. After a hearing and presentation of evidence on the motion, and if the judge is satisfied that granting immediate possession of the dwelling unit to the landlord is in the interest of justice and will properly protect the interests of all the parties, the judge may enter or cause to be entered an order for the immediate restitution of the premises to the landlord upon the landlord giving an undertaking to the tenant in an amount and with such surety as the court may require, conditioned for the payment of damages or otherwise if judgment be entered in favor of the tenant. Chapter 60.--PROCEDURE, CIVIL Article 10.--ACTIONS RELATING TO PROPERTY
Statute # 60-1001 Actions for possession; ejectment.
(a) Petition. In any action to recover possession of real property, including an oil or gas lease or mineral interest, it shall be sufficient if the petition state that the petitioner has a legal or equitable interest therein and the right to possession.
(b) Tenants in common. In an action against a tenant in common the petition must state that the defendant either denied plaintiff's right, or did some act amounting to such denial. (c) Judgment; when plaintiff prevails. If plaintiff prevails the judgment shall be for possession and damages for the loss of rents and profits, if any, and execution to enforce the same shall be issued to the sheriff by the clerk at the written request of the party entitled thereto.
(d) When action becomes moot. If the right of the plaintiff to the possession of the premises expires after the commencement of the suit and before the trial, the judgment shall be for the damages and costs. Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS Article 18.--PROCESS
Statute # 61-1807 Proof of service. Proof of service shall be made as follows:
(a) Personal and residence service.
(1) Every officer to whom summons or other process shall be delivered for service within or without the state, shall make return thereof in writing stating the time, place and manner of service of such writ, and shall sign such officer's name to such return.
(2) If such process is directed to and delivered to a person other than by an officer for service, such person shall make affidavit as to the time, place and manner of such person's service thereof.
(b) Service by mail. Service by certified mail shall be proven in the manner provided by subsection (e) of K.S.A. 60-308 or subsection (b) of K.S.A. 61-1803, and amendments thereto.
(c) Publication service. Service by publication shall be proven by an affidavit showing the dates upon, and the newspaper in which the notice of publication was published. A copy of the notice shall be attached to the affidavit which shall be filed in the cause. When mailing of copies of the publication notice is required in accordance with subsection (e) of K.S.A. 60-307, and amendments thereto, the proof of such mailing shall be by affidavit of the person who mailed such copies and such affidavit shall be filed with the clerk of the court in which the action has been filed. Any return receipt shall be made a part of the affidavit and filed therewith.
(d) Time for return. The officer or other person receiving a summons or other process in forcible detainer cases shall make return of service promptly and, in any event, no later than three days before the date stated in the summons for the defendant to either appear or plead to the petition. In all other cases return of service shall be made promptly and in any event no later than five days before the date stated in the summons for the defendant to either appear or plead to the petition. If the process cannot be served as directed it shall be returned to the court forthwith with a statement of the reason for the failure to serve the same.
(e) Amendment of return. At any time in the judge's discretion and upon such terms as the judge deems just, the judge may allow any process, return or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued. Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS Article 21.--APPEALS
Statute # 61-2102 Procedure.
(a) All appeals from orders, rulings, decisions or judgments of district magistrate judges under this chapter shall be taken in the manner provided in subsection (a) of K.S.A. 60-2103a, and amendments thereto. All appeals from orders, rulings, decisions or judgments of district judges under this chapter shall be taken in the manner provided in subsections (a) and (b) of K.S.A. 60-2103, and amendments thereto. Notwithstanding the foregoing provisions of this subsection, if judgment has been rendered in an action for forcible detainer and the defendant desires to appeal from that portion of the judgment granting restitution of the premises, notice of appeal shall be filed within five days after entry of judgment. The notice of appeal shall specify the party or parties taking the appeal; the order, ruling, decision or judgment appealed from; and the court to which the appeal is taken.
(b) The provisions of K.S.A. 60-2001 and amendments thereto shall apply to appeals pursuant to this section.
(c) An appeal from an action heard by a district magistrate judge shall be taken to a district judge of the county. An appeal from an action heard by a district judge shall be taken to the court of appeals.
Statute # 61-2106 Same; forcible detainer. In appeals taken by the defendant in actions for the forcible detention of real property, the supersedeas bond filed on appeal shall be conditioned that the appellant will not commit or suffer waste to be committed on the premises in controversy, and if upon appeal the court judgment be rendered against the appellant, he or she will pay the value of the use and occupation of the property, from the date such bond was filed until the delivery of the property pursuant to the judgment, and all damages and costs that may be awarded against him or her. Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS Article 23.--FORCIBLE DETAINER
Statute # 61-2301 Forcible detainer, scope. Actions of forcible detainer pursuant to this article shall include actions brought against persons alleged to have made unlawful and forcible entry into lands or tenements of the plaintiff and have detained the same, as well as actions against persons alleged to have made lawful and peaceable entry into lands or tenements and have unlawfully and by force detained the same.
Statute # 61-2302 Cases in which proceedings had. Proceedings under this article may be had in all cases against tenants holding over their terms; in sales of real estate on executions, orders or other judicial process, when the judgment debtor was in possession at the time of the rendition of the judgment or decree by virtue of which such sale was made; in sales by executors, administrators, conservators and on partition, where any of the parties to the partition were in possession at the commencement of the suit, after such sales so made on execution or otherwise shall have been examined by the proper court, and the same by said court adjudged legal; and in cases where the defendant is a settler or occupier of lands and tenements without color of title, and to which the complainant has the right of possession. This section is not to be construed as limiting the provisions of K.S.A. 61-2305 or 61-2309 of this act.
Statute # 61-2303 Judgment not bar to other actions. Judgments in actions brought under this article shall not be a bar to any after action brought by either party for claims not included in such judgment. Statute # 61-2304 Notice to leave premises; time and manner of service; when notice not required. It shall be the duty of the party desiring to commence an action under this article to notify the adverse party to leave the premises for the possession of which the action is about to be brought, which notice shall be served at least three days before commencing the action, by leaving a written copy with the defendant, or such notice may be served by leaving a copy thereof with any person over the age of 12 years residing on the premises described in such notice, or, if no such person is found upon the premises, by posting a copy of such notice in a conspicuous place thereon, or such notice may be served by certified mail. If the action is brought for the purpose of ejecting a tenant for the nonpayment of rent, no notice shall be required, if a statement is included in the notice terminating the tenancy for such nonpayment of rent that unless the tenant shall vacate in the time provided in such notice that suit will be brought to eject such tenant.
Statute # 61-2305 Petition; nonpayment of rent allegations. The summons shall not issue herein until the plaintiff shall have filed his or her petition, which shall particularly describe the premises so entered upon or detained, and shall set forth either an unlawful and forcible entry and detention, or an unlawful and forcible detention after a peaceable or lawful entry of the described premises. If an action is brought for the purpose of recovering possession of said premises from a tenant for nonpayment of rent the petition shall allege this fact, and the plaintiff in the action shall set forth a statement of the amount the plaintiff claims to be due from the defendant as rent of said premises, and the summons served upon the defendant in this action shall state the amount for which judgment shall be taken against the said defendant as in civil actions for the recovery of money. The amount claimed for rent under this section must include all claims of the plaintiff for rent of such premises, and the jurisdiction of the judge hearing such action shall not be limited by any maximum amount of dollars involved in such action.
Statute # 61-2306 Service of summons. Service of the summons and petition shall be made in accordance with the provisions of this act relating to service of process, except that such service shall be made at least three (3) days before the day appointed for the appearance or answer of the defendant.
Statute # 61-2307 Failure of defendant to appear; trial. If the defendant does not appear or answer as provided in the summons, and it shall have been properly served, the judge shall enter a default judgment upon the request of the plaintiff.
Statute # 61-2308 Continuance; when bond required; affidavit as to absent evidence, when. Actions under this article shall be tried within eight (8) days after the appearance or answer date stated in the summons, unless the defendant applying for a continuance shall give an undertaking to the adverse party, with good and sufficient security to be approved by the court, conditioned for the payment of all damages and rent that may accrue, if judgment be rendered against the defendant: Provided, That in an action for ejectment of a tenant for the nonpayment of rent, no continuance shall be granted on account of the absence of evidence, unless the defendant shall file an affidavit showing the nature of the absent evidence, and if an absent witness, the name and residence of the absent witness and what facts he or she believes the absent witness will prove, and that he or she believes them to be true. If thereupon the adverse party will consent that on the trial the facts alleged in the affidavits shall be read and treated as the deposition of the absent witness, or that the facts in relation to other evidence shall be taken as proved to the extent alleged in the affidavit, no continuance shall be granted on the ground of the absence of such evidence.
Statute # 61-2309 Trial; judgment; costs. If the suit be not continued or place of trial changed or neither party demands a jury trial, the judge shall try the case at the time appointed for trial; and if, after hearing the evidence, said judge shall conclude that the facts alleged in the petition are not true, said judge shall enter judgment against the plaintiff for costs. If said judge finds the facts alleged in the petition are true, said judge shall render a general judgment against the defendant and in favor of the plaintiff for restitution of the premises and costs of the suit; if said judge finds the facts alleged in the petition are true in part, said judge shall enter a judgment for the restitution of such part only, and costs may be taxed as the judge may deem just and equitable. If the action is brought for the purpose of recovering possession from a tenant for nonpayment of rent, in addition to the judgment hereinbefore provided for, the judge shall enter judgment against the defendant for the amount of rent which said judge shall find to be due the plaintiff, and shall enter costs against the defendant as in civil suits for the recovery of money. The jurisdiction of the judge hearing such action shall not be limited by the amount of dollars involved in such judgment.
Statute # 61-2310 Form of writ of execution. Where a judgment of restitution shall be entered by the judge, said judge shall issue, at the request of the plaintiff or said plaintiff's agent or attorney, a writ of execution thereon which shall be in the form prescribed in the appendix to this act.
Statute # 61-2311 Execution; stay of proceedings. The officer to whom the writ is addressed shall, within ten (10) days after receiving the writ, execute the same by restoring the plaintiff to the possession of the premises, and shall levy and collect the money judgment, if any, the costs and make return, as upon other executions. If the officer shall receive a notice from the judge that the proceedings have been stayed by appeal, the officer shall immediately delay all further proceedings upon the execution; and if the premises have been restored to the plaintiff, he or she shall immediately place the defendant in the possession thereof, and return the writ with his or her proceedings and costs taxed thereon. The officer may use such reasonable force as is necessary to execute the writ. |