Overview
Leases are the cornerstone of a successful landlord-tenant relationship, providing a legal framework for both parties to enter a harmonious agreement.
In Kansas, residential lease documents—including their structure, nature, and contents—are regulated by Kansas statutes and landlord-tenant laws. For this reason, it’s imperative to understand the intricacies of the law before constructing a residential lease agreement.
This guide will walk you through the crucial components of a lease agreement Kansas considers compliant, ensuring you’re well-equipped to make informed decisions. And to make your journey easier, we’re offering a free Kansas lease agreement template for download!
A Kansas lease is a legally binding document that outlines the terms and conditions governing the rental of a residential property within the state. This lease must adhere to Kansas landlord tenant laws, providing a clear framework for both landlords and tenants to follow and fostering a secure and transparent rental environment.
The following components should be included in every Kansas lease agreement. Note that these components apply primarily to a standard residential lease agreement in Kansas, not commercial leases. A Kansas commercial lease agreement has different requirements.
Lease Term
This section specifies the lease’s start and end dates, establishing the duration of the Kansas residential lease agreement.
Rent
Here, you’ll find details regarding the rent rate, due date, and the status of rent control. In Kansas, rent control is banned—no cities or counties may pass laws that regulate or restrict the price of rent (<a href=”http://www.kslegislature.org/li/b2021_22/statute/012_000_0000_chapter/012_016_0000_article/012_016_0120_section/012_016_0120_k/” target=”_blank” rel=”noreferrer noopener”>KS § 12-16, 120</a>). This means landlords can set their own rental rates based on the current market.
Late Fees
The penalties for missing rent payments should be clearly stated in the lease, as should any exceptions. In Kansas, there are no statutory limits on late fees, nor is there a mandatory grace period. This means that landlords can once again assign their own late fee amounts and enforce them as soon as rent is late. However, landlords should be sure to clearly explain the late fee policy in the Kansas residential lease agreement so that tenants know exactly what will happen if they are late on rent.
Security Deposit
This section of a Kansas rental lease includes details about the security deposit, including its amount, where it will be stored, and how/when it will be returned.
The maximum or limit for security deposits in Kansas depends on the type of unit: for an unfurnished rental property the limit is one month’s rent; for a furnished rental property the limit is 1.5 months’ rent (<a href=”http://www.kslegislature.org/li/b2021_22/statute/058_000_0000_chapter/058_025_0000_article/058_025_0050_section/058_025_0050_k/” target=”_blank” rel=”noreferrer noopener”>KS § 58-2550(a)</a>). This difference is due to the increased risk of property damages when the landlord supplies furniture for the unit.
Additionally, when a tenancy ends, Kansas law requires landlords to return security deposits to the tenant within 30 days. If the landlord makes any deductions to the deposit, this time is reduced to 14 days (<a href=”http://www.kslegislature.org/li/b2021_22/statute/058_000_0000_chapter/058_025_0000_article/058_025_0050_section/058_025_0050_k/” target=”_blank” rel=”noreferrer noopener”>KS § 58-2550(b)</a>).
A Kansas rental agreement should include a detailed description of the landlord’s security deposit policy, including the amount of the deposit, how/when it will be returned, and the conditions under which funds may be withheld from it.
Required Disclosures
This section encompasses crucial required disclosures, which are information that must be disclosed to the tenant in the lease before they agree to rent the property. These required disclosures must be included in a lease agreement Kansas considers valid.
In Kansas, the required disclosures are:
<ul>
<li><strong>Lead-based paint</strong> – Landlords in all 50 states must disclose lead-based paint hazards in rental agreements for most properties built before 1978.</li>
<li><strong>Landlord/agent identification</strong> – Landlords in Kansas are required to disclose to tenants the owner and/or agent authorized to manage the premises.</li>
<li><strong>Inventory and condition of premises</strong> – Kansas landlords are required to inventory the premises with the tenant and create a written record of such within the first five days.</li>
</ul>
Landlord Right to Entry
In Kansas, there are several nonspecific laws governing when a landlord can enter a rental property. Landlords must provide reasonable notice to the tenant for entering an occupied unit for a non-emergency reason (<a href=”http://www.kslegislature.org/li/b2021_22/statute/058_000_0000_chapter/058_025_0000_article/058_025_0057_section/058_025_0057_k/” target=”_blank” rel=”noreferrer noopener”>KS § 58-2557(a)</a>). Typically, “reasonable” is interpreted as at least 24 hours in advance. Additionally, Kansas landlords may only enter at reasonable times (daylight or business hours). Be sure that the landlord’s right of entry is included in all Kansas lease agreements.
Repairs & Maintenance
The lease outlines how and when tenants should submit maintenance requests and clarifies the process for addressing necessary repairs. Every Kansas residential lease agreement should specify which maintenance responsibilities are the landlord’s and which are the tenant’s.
Lease Termination/Renewal Procedures
This section details the procedures for early lease termination and breaking the lease, including eviction processes. Specifically, the lease should clearly state how many days’ notice the tenant needs to provide the landlord to announce their intent to either renew or terminate the lease.
A Kansas residential lease agreement should also clearly describe what happens if the tenant breaks the lease. Before <a href=”https://innago.com/kansas-eviction-process/” target=”_blank” rel=”noreferrer noopener”>filing for eviction in Kansas</a>, landlords must send eviction notices of specified lengths: A <strong>three-day notice to pay or quit</strong> for nonpayment, a <strong>30-day quit notice (with 14 days to cure)</strong> for lease violations. These notice periods should be specified to the tenant so that both parties are clear on what will happen if the tenant fails to uphold the lease agreement.
Joint and Severability Clause
This clause is for leases with multiple roommates and explains the legal consequences if one party fails to fulfill their obligations. It ensures that the entire lease isn’t invalidated due to one roommate’s breach.
Signatures
Both the landlord and tenant will sign the Kansas residential lease agreement either on paper or electronically, ensuring a secure and convenient process.
Kansas Lease Agreement Download
To make your leasing journey simpler, we offer a free, downloadable Kansas lease agreement. This template is tailored to meet the specific requirements of Kansas state law, making it a valuable tool for landlords and tenants.
Conclusion
Understanding the nuances of a Kansas residential lease agreement is vital for a smooth and legal tenancy. We hope this guide has provided you with a clear understanding of the co
