Kansas Tenant Information

Kansas Tenant Information – Renters Rights

 

Kansas Tenant’s Responsibility and Rights

• Before beginning to rent, all tenants are responsible for filling out their own rental applications and doing their own research.
• If a tenant has a disability that should be stated in the rental application and it should be explicitly discussed in order to be accommodated.
• Tenants are absolutely required to pay their rent on time.
• Exceptions can be made, but that must be agreed upon by both parties and the reasons for lateness must be approved by the landlord in writing before it is technically valid.
• Determine who is responsible for utilities. If the tenant is responsible they are required to pay them on time.
• Tenants are not allowed to have more people living in the unit unless they are previously passed by the landlord. Any new move-ins should be discussed with the landlord beforehand.
• The yard must be kept clean and free of debris and damage.

 

Tenants Defending an Eviction Forms

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Tenant Defence Forms

 

• The unit must also be kept up, maintenanced and free of clutter and trash.
• If a tenant is going to be leaving for an extended period of time, they must let their landlord know. This can help prevent the unit from being declared abandoned and rented to someone else.
• Tenants must all damages and dangers to the landlord immediately.
• Follow every policy as stated in the rental agreement.
• Do not alter the property or rental unit without the permission of the landlord. This can include painting, flooring, room renovation etc.
• Tenants are responsible for the behavior of their guests while on the property. Be courteous of others.
• Tenants may also be responsible for their roommates, and it is important to choose roommates who are going to keep their end of the responsibility. Unpaid rent will almost always drop to the other roommate.

Tenants are naturally required by law to do a lot of different things. These are explicitly outlined in the Landlord and Tenant Handbook of Kansas.

 

 

Kansas Lease and Rent Information

As like most rental laws, there are two general types of leases in the Kansas tenant laws. There are either written or verbal and either month-by-month or yearly. This can just depend on the area, the rental unit and the individual landlord. There are lots of things to consider about these as well.

• If you participate in a verbal agreement, they usually tend to last month to month unless stated up front. Sometimes they can be every two weeks if previously agreed upon.
• Although written agreements are not required they are oftentimes highly recommended. Written agreements are much more clear, concise and binding and they help eliminate any disagreements about the renting in the future, especially when you rent for long periods of time.
• Unless it is discussed previously, the rent should be due at the first of every month. This is something that should be discussed and agreed upon in writing to prevent misunderstanding. Tenants should always request paid receipts from their landlord.
• It is up to the landlord whether they wish to prorate the unit if it is rented during the middle of a term or not.
• A written record detailing the condition of the premises should be provided upon move in. Tenants should document it themselves just to keep discrepancies from arising.
• If two tenants decide to be roommates to one rental unit, it is suggested that they have separate rental agreements to sign.
• Anything unclear must be answered by the landlord when asked.
• A written rental agreement should include the following information:
  • Name and address of the landlord
  • Contact phone number of the landlord and all maintenance personnel
  • The name of all tenants as well as the address of the rental unit.
  • Tenant emergency contact information
  • Checklist of who is responsible for what issue if it happens to arise.
  • The rental terms and time periods
  • Amount of rent and the due date for each month
  • Information about late fee policies
  • Any special information regarding smoking, pets and the like
  • Security deposit information
  • Signatures and dates of both parties
• The Federal Fair Housing Act for the United States, discusses and outlines the illegality of discriminating in any way toward individuals or families for any prejudice reason. They are not allowed to deny rent or make odd changes to their housing policies due to any sort of discriminatory act.
• This can include but is not limited to:
  • Gender
  • Race
  • Religion
  • Sexual orientation
  • Annual income
  • Nationality
  • Age
  • Amount of children

 

 

Kansas Security Deposit Information

Security deposits act as a sort of down payment that secures a tenant’s place in a rental unit. They are usually a flat rate of some kind, or the landlord can set their own rates, however in Kansas the law states that the security deposit cannot be higher than monthly rent. The only exception is when the tenant has a pet. These deposits are often used for damages that occur to the unit or for missed rental payments. If a tenant maintains the unit and upholds their payments, the security deposit is often returned at the end of their tenancy. These expectations should be outlined in the rental agreement.

 

Information Regarding Termination and Eviction

Termination and eviction are circumstances that most landlords and tenants try to forget about and do not want to face. However, these issues are real ones and if they arise it is very important to know what the law says, in order to better be able to handle it. Here are the laws specific to Kansas.

• Sometimes, tenants have circumstances that may arise where they have to break their lease prematurely. This can be for any number of reasons, but it is important that work something out with their landlord. These circumstances are allowed, but sometimes the tenant will lose their security deposit return if this happens to be the case.
• The landlord is required to give the tenant a proper eviction notice of up to 3 days depending on the situation and circumstances.
• At that point, the eviction process should be established between both the tenant and landlord.
• For a non-payment eviction, a written notice of ten to fourteen days is required.
• In Kansas, a landlord must have a valid reason for evicting a tenant. This could be anything, but some popular reasons include:
  • Severe or repeated instances of interfering with the rights of others.
  • Repeated damages to the rental unit or premises.
  • Creating hazards
  • Refusing or forgetting to pay rent
• Only a police officer can physically evict a tenant.
• In order for a forcible eviction to take place, the landlord must first warn the tenant in writing, take the issue to court, and get judgment against the convicted tenant before actions can take place.
• Landlords may not forcibly evict by throwing out the tenant’s belongings, cutting of utilities or locking them out.
• If any of these take place, the tenant can call law enforcement and file charges against the landlord.

 

 

Extra Links:

Lead Paint Info – http://www.kshealthyhomes.org/regs.htm

Mold Info – http://www.kdheks.gov/beh/mold_alert.htm

Bed Bugs Info – http://www.kshealthyhomes.org/bed_bugs.htm

The Kansas Residential Landlord and Tenant Act (KRLTA) governs interactions between landlords and tenants in Kansas.

The Kansas Mobile Home Parks Residential Landlord and Tenant Act applies to landlords who rent lots to tenants who own their own mobile homes.

http://portal.hud.gov/hudportal/HUD?src=/states/kansas/renting/tenantrights

 

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