Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
Within five days of the start of the tenancy, the landlord must jointly inventory the premises with the tenant. They should create a written record detailing the condition of the premises and any furnishings or appliances and deliver a signed copy to the tenant. The inventory may be included in Kansas rental agreements or remain a separate document.
Rent and Fees
Rent Due Date: Unless otherwise specified in the lease agreement, rent in Kansas is due at the dwelling unit at the beginning of each month (KS § 58-2545(c)).
Application Fees: Rental application fees are not regulated in Kansas.
Rent Increases: Rent control is banned in Kansas (KS § 12-16, 120).
Late Fees: There is no statutory limit on late rent fees in Kansas.
Grace Period: There is no mandatory grace period in Kansas.
NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge a fee of $30 (KS § 60-2610(g)).
Withholding Rent/Repair and Deduct: If there is a material noncompliance by the landlord that affects health and safety, the tenant may deliver a written notice specifying the breach and stating that the lease will terminate in 30 days. If the landlord fails to make a good faith effort to remedy the breach within 14 days of receiving the notice, the tenant may terminate the rental agreement. The tenant may then recover damages and obtain injunctive relief for the noncompliance (KS § 58-2559).
Security Deposits
Deposit Limit: One month’s rent for unfurnished units; 1.5 months’ rent for furnished units. Landlords may require an additional ½ month’s rent for a pet deposit (KS § 58-2550(a)).
Interest: Landlords in Kansas are not required to pay interest on security deposits.
Return Within: 14 days if the landlord withholds funds; 30 days if not (KS § 58-2550(b)).
Deposit Location: Current Kansas law does not specify that landlords should keep security deposits in a separate bank account. Previously (2012 statutes), Kansas landlords were required to keep deposits in a financial or banking institution insured by the federal government and were entitled to any accrued interest (KS § 58-25,108).
Withholding: The landlord may withhold funds from the security deposit for unpaid rent and the amount of any damages the tenant caused. The landlord must itemize these deductions and forward them in a written notice with the remainder of the security deposit (KS § 58-2550(b)).
Tenant Screening and Fair Housing Protections
Protected Classes
Federal law prohibits discrimination in housing based on race, color, religion, gender, national origin, familial status, and disability (Title 24 USC § 3601-3607). Kansas state law adds ancestry (KS § 44-1016).
Credit Reports
Kansas landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
Criminal Histories
Criminal background checks may be used during tenant screening in Kansas.
Kansas landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
Entry
Advanced Notice: Landlords in Kansas must give reasonable notice to the tenant before entry (KS § 58-2557(a)).
Permitted Times: Landlords may only enter at reasonable times (KS § 58-2557(a)).
Emergency Entry: In case of an extreme hazard involving the potential loss of life or severe property damage, the landlord may enter without prior notice or consent (KS § 58-2557(b)).
Eviction Notices
Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in Kansas, consider hiring an experienced real estate attorney and be sure to review the Kansas eviction process in more detail.
Rent Demand Notice: 3 days to pay or quit (KS § 58-2564(b)).
Notice for Lease Violation: 14 days to cure; 30 days to quit. According to Kansas eviction law, when a tenant materially violates the lease, the landlord may send a 30-day quit notice. The tenant has an opportunity to cure the violation within the first 14 days of the 30-day period; if they do not, they must move out by the 30th day (KS § 58-2564(a)).
Notice for Repeat Lease Violation: If the tenant commits substantially the same violation twice within one lease term, the landlord is not required to provide a cure period and can simply send a 30-day notice to quit (KS § 58-2564(a)).
Other Laws and Facts About Kansas
The median rent rate in Kansas is $1,056.
The median rent rate in Kansas City is $1,182.
In Kansas, the rental agreement may require that the tenant notify the landlord if they plan to be absent from the rental unit for more than seven days (KS § 58-2558).
