All Kansas tenants and landlords have certain rights and responsibilities under both federal laws, the Fair Housing Act and the statewide Residential Landlord & Tenant Act.
Some of the rights you have as a landlord under Landlord Tenant Laws in Kansas include the right to inspect the rental, to evict tenants for a just cause, to collect payments and security deposits, and to get reimbursement for costs of negligent damage a tenant causes.
As a landlord, it’s important to know that your tenants have rights, too. For example, the right to live in a habitable dwelling throughout their tenancy and the right to due process before you pursue formal eviction. And in Kansas, a tenant gains such rights if there is a written or oral lease or the landlord accepts regular rent payments.
The following is a basic overview of landlord-tenant laws in Kansas.
Required Landlord Disclosures
The Kansas Residential Landlord & Tenant Act requires landlords to disclose certain information to their tenants. In Kansas, you must let a tenant know of the following before they move in:
- Lead-based Paint. Was the building constructed before 1978? If so, then you must disclose that information to your tenant as the house is more likely to contain lead-based paints. Lead-based paint was banned from inclusion in household paints due to the serious health risks it’s associated with.
- Authorized Agents. Every landlord in Kansas is required to provide the names and addresses of all parties that are involved in the managing or renting of the unit.
Tenant Rights & Responsibilities
Tenants in Kansas have rights that their landlord must respect at all times. They have the right to:
- Live in privacy and without unnecessary disturbance.
- Have requested repairs done within a reasonable period of time.
- Live in a habitable unit that abides by the state safety, health, and building codes.
- Be notified prior to the landlord or their agents entering their rented premises.
- Be notified when changes are made to their lease or agreement.
- A proper and legal eviction process during eviction proceedings.
- Exercise any of their rights when their landlord fails in their responsibilities. For example, a tenant may withhold the month’s rent if a landlord performs a lease violation or fails to take care of important repairs in a timely manner.
As for responsibilities, tenants are obligated to:
- Pay the month’s rent on time and in full.
- Follow all terms on the lease or rental agreement. Including, adhering to all policies such as rules regarding pets or subletting (if any).
- Notify their landlords with a written note when looking to move out of the housing.
- Notify their landlords when maintenance issues appear.
- Take care of the rental.
- Keep noise levels within a reasonable range.
Landlord Rights & Responsibilities
Landlords in Kansas have a right to:
- Be notified when maintenance issues occur.
- Be notified when a tenant is looking to move out of their housing.
- Make changes to the lease agreement as long as they let their tenants know about it beforehand.
- Enter rented premises in certain circumstances, such as inspecting the rental property for damage.
- Require their tenants to abide by certain rental policies.
As for responsibilities, landlords are responsible for:
- Following the laws regarding eviction procedures when a lease violation occurs and a renter must be evicted.
- Abiding by all lease agreement terms including those pertaining to rent.
- Treating their tenants with respect, fairness, and equality.
- Giving their renters adequate advance prior to entering their rental property.
- Making a repair within a reasonable period of time.
- Complying with the state’s health, safety, and building codes.
- Ensuring tenants enjoy peace and quiet in their housing unit.
A Basic Overview of the Landlord Tenant Laws in Kansas
Landlord’s Right to Entry
You must provide your tenant with ‘reasonable notice’ prior to entering the rental unit. Twenty-four hours is considered reasonable. Landlord access is not without limits, they must have a good reason to want to enter the rental.
Some common reasons for landlord entry include:
- To inspect the rental unit.
- To show the unit to prospective tenants, lenders, or buyers.
- Under court orders.
- In case the tenant abandons the rental unit.
- In case of an emergency.
As a landlord, you have a responsibility to treat your tenants equally and fairly regardless of their protected class. In Kansas, protected characteristics include:
- Familial status
- National origin
The following are some examples of statements that a prospective tenant may take to be discriminatory or consider housing discrimination:
- “Unit is Ideal for a Mature Couple.”
- “Rental Unit is Suitable for a Young Male.”
- “Ideal for a Christian Family.”
Rent Increases & Related Fees
The Kansas Residential Landlord & Tenant Act doesn’t allow for rent control at either the state or local level. This means that landlords are free to change their prices whenever they want to. That being said, most landlords do understand the need to charge a reasonable monthly payment price. Tenants are also allowed to take their landlord to small claims court for cases related to rent or if a landlord wrongfully withholds a security deposit.
Should you need to raise the rent, then you must provide your tenant with a written notice at least 30 days prior.
As for late fees, you are free to charge whatever amount you feel like. The only requirement here is to make sure that the late fee penalty is mentioned in the lease agreement.
Renters operating a rental agreement must provide their landlords with a warning prior to moving out. There may be repercussions if a tenant fails to give proper warning.
Tenants on week-to-week contract must provide a 7 days notice. Tenants on a month-to-month agreement must provide a 30 days notice. Those operating a yearly lease must provide their landlords with a notice of at least 30 days.
State law also permits a tenant to terminate their lease legally under certain circumstances. Such as, if the rental unit becomes uninhabitable, the landlord harasses them, or they join active military service.
If you’re a landlord you need to follow Kansas landlord tenant laws such as security deposit laws, federal rental laws like the Fair Housing Act, leasing regulations, squatter’s rights, tenant forming a tenant union, eviction notice rules, and more.
If you, as a landlord, would like help with these laws or any other aspect of rental management reach out to the experts at SCUDO Real Estate & Property Management today!
Disclaimer: This blog shouldn’t be used as a substitute for legal advice from a qualified attorney. Laws change frequently, and this post may not be updated at the time you read it. Please get in touch with us for any questions you may have regarding the content herein.