Nolo was born in 1971 as a publisher of self-help legal books. Guided by the motto “law for all,” our attorney authors and editors have been explaining the law to everyday people ever since. Learn more about our history and our editorial standards.
Each article that we publish has been written or reviewed by one of our editors, who together have over 100 years of experience practicing law. We strive to keep our information current as laws change. Learn more about our editorial standards.
Kansas laws govern much of the landlord-tenant relationship, including security deposits, late rent, and evictions. Here's a breakdown of key laws that affect nearly all Kansas landlords and tenants.
Kansas law regulates very little of the tenant application and screening process.
There is no law in Kansas that prohibits landlords from charging an application fee.
A tenant screening report is a credit report, criminal background report, employment history report, or rental history report that a landlord uses to determine whether an applicant would be an acceptable tenant. Kansas landlords are free to charge reasonable amounts for tenant screening reports.
Kansas does not have a state law prohibiting landlords from considering applicants' criminal histories. However, landlords must still be careful. When landlords consider applicants' criminal history, they must do so in a consistent, nondiscriminatory manner. If a landlord's practice of considering criminal history has a discriminatory effect—for example, if the landlord asks only applicants of a certain color for criminal history information—the landlord is engaging in illegal discrimination and can be subject to penalties. Also, landlords can reject applicants only for past convictions that are directly related to the application—in other words, convictions that have a negative bearing on a legitimate business concern of the landlord.
All landlords need to follow federal and state antidiscrimination laws when screening applicants for a rental. Federal fair housing laws prohibit landlords from discriminating on the basis of:
Kansas' fair housing law mirrors the categories protected under the federal fair housing laws. (Kan. Stat. § 44-1016 (2024).)
For more information about Kansas' fair housing laws, check out the Kansas Human Rights Commission's website.
Kansas limits the amount landlords can charge for security deposits:
Within five days of the tenant moving in, the landlord and tenant must jointly inventory the rental. They must complete a written record detailing the condition of the rental and any furnishings or appliances provided. Both landlord and tenant must sign the inventory and the tenant must be given a copy. (Kan. Stat. § 58-2548(a) (2024).)
At the end of the tenancy, the landlord can use the security deposit to cover unpaid rent and the cost of repairing any damage to the rental. If the landlord withholds any of the security deposit, they must provide the tenant with a written notice of the deductions and return the remaining deposit (if any) within 14 days after determining the damage amounts (but no later than 30 days after the tenant moves out). (Kan. Stat. § 58-2550(b) (2024).)
If the landlord doesn't return the security deposit or doesn't provide written notice, the tenant can sue for the security deposit amount owed plus an amount equal to 1.5 times the amount wrongfully withheld. (Kan. Stat. § 58-2550(c) (2024).)
If you find yourself in a battle over a security deposit or repairs, small claims court is a good place to bring your grievance. Small claims courts in Kansas can hear cases in which the plaintiff—the person suing—isn't asking for more than $4,000.
You're not allowed to be represented by a lawyer in Kansas small claims court unless the other party is a lawyer. But don't worry—small claims court procedures tend to be simpler and less formal than those of regular courts.
In Kansas, rent is due on whatever day the landlord and tenant agree to. (Kan. Stat. § 58-2545(c) (2024).)
Kansas doesn't require landlords to give tenants a grace period for paying rent. However, a landlord and tenant can agree in the lease or rental agreement that there will be a grace period.
Kansas landlords can charge late fees, and there is no cap on how much they can charge. Most judges won't enforce unreasonable late fees, though. In general, a late fee will be considered reasonable as long as it doesn't exceed 4%-5% of the rent and has an upper limit.
In many states, landlords must disclose specific information to tenants and potential tenants. Kansas landlords must disclose—in writing and before the tenancy begins—information about the owner's or agent's identity. The notice must include the name and address of the person authorized to manage the rental, as well as who is authorized to act on behalf of the owner for service of process and receiving notices and demands. (Kan. Stat. § 58-2551 (2024).)
In addition, landlords in all states must follow federal lead-based paint disclosure rules.
Kansas landlords can't raise the rent during the term of a lease unless the lease specifically allows them to do so.
For month-to-month tenancies, Kansas law doesn't specify the amount of notice landlords must give to raise the rent. A reasonable amount of notice would likely be the same length of time that the agreement is for: 30 days.
Kansas law prohibits landlords from raising the rent or decreasing services after a tenant:
Like landlords in all states, Kansas landlords must provide rentals that are safe and fit for human habitation. This is known as the "warranty of habitability."
Specifically, Kansas landlords must:
In some situations, landlords and tenants can agree to have a tenant perform specified repairs, maintenance tasks, alterations, and remodeling, but the agreement generally must be entered into good faith and not for the purpose of evading the obligations of the landlord. (Kan. Stat. § 58-2553 (2024).)
Kansas law does not give tenants the right to withhold rent (or to make repairs and deduct the cost from their rent) when a landlord fails to provide a habitable rental. Rather, the tenant must give the landlord a written notice specifying what the issue is, and letting the landlord know that the tenant is going to terminate the tenancy 30 days from the receipt of the notice.
If the issue is fixable by reviews or payment of damages, and the landlord attempts in good faith to fix it within 14 days of receiving the notice, the tenancy won't terminate. But, if the same or similar issue happens again, the tenant can deliver another written notice to the landlord saying the tenancy will terminate in 30 days. (Kan. Stat. § 58-2559 (2024).)
Kansas landlords must follow very specific rules and procedures to terminate a tenancy and then, if necessary, file an eviction lawsuit.
A landlord who wants to evict a tenant in Kansas before the lease or rental agreement has expired must have cause—in other words, a legally valid reason to terminate the tenancy. Common reasons for terminating a tenancy in Kansas include failure to pay rent or violation of the lease or rental agreement.
When a landlord wants a tenant to leave for cause, the landlord must first terminate the tenancy. This is done by giving the tenant notice—the type of notice depends on the situation.
The process for ending a tenancy without cause depends on the type of tenancy. Here's what needs to happen for month-to-month tenancies and tenancies with a long-term lease.
If the tenant has a month-to-month rental agreement, and the landlord wants the tenant to move out but doesn't have cause to end the tenancy, the landlord must give the tenant a written notice stating that the tenancy will end on a date that rent is due at least 30 days after receipt of the notice. (Kan. Stat. § 58-2570(b) (2024).)
When a landlord wishes to end a fixed-term lease but doesn't have cause to evict the tenant, the landlord has to wait until the lease has expired before expecting the tenant to move. The landlord isn't required to give the tenant notice of the approaching end of the tenancy unless required by the lease.
Even though a landlord might have a valid reason to evict a tenant, the tenant can still choose to fight the eviction. For example, the tenant could claim that the eviction is the result of the landlord illegally discriminating, or is in retaliation for the tenant exercising a legal right.
Kansas law also allows special protections for tenants who have experienced family violence or sexual assault. Some of these protections might provide a tenant with a defense against eviction. (Kan. Stat. § 58-25,137 (2024).)
A tenant's decision to fight the eviction could increase the costs of the eviction, and it could result in the tenant having more time to remain in the rental. For these reasons, it's often in the best interests of both the tenant and the landlord to try to negotiate a compromise rather than head to court. Mediation is a common way for landlords and tenants to work issues out—check to see if your community has a low-cost or free housing mediation program.
Under Kansas law, landlords can't take self-help measures to evict a tenant. For example, a landlord can't exclude the tenant from the rental or willfully cut services such as electricity, gas, water, or other essentials. If a landlord is found to have illegally evicted a tenant, the tenant has the right to choose to either move back into the rental or terminate the tenancy. The tenant is also entitled to the greater of one and one-half month's rent or the amount of damages they sustained due to the illegal eviction. (Kan. Stat. § 58-2563 (2024).)
Landlords can always enter a rental with the tenant's consent or when there's a reasonable belief that there's imminent danger to lives or property. Otherwise, under Kansas law, tenants are required to give their landlord reasonable access to the rental so the landlord can inspect, make necessary repairs, and show the unit to possible buyers or renters. (Kan. Stat. § 58-2557 (2024).)
The law simply states that the notice must be reasonable; it doesn't define reasonable or what form the notice must take. In most situations, 24 hours' notice and entry during normal business hours is considered reasonable.
If you want to read the text of a law itself, see the Kansas State Legislature's website.
Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and anti-discrimination rules that affect landlords and tenants. Many municipalities have websites—just search for the name of a particular city in Kansas and then search when you're on the site.
Municode is a good source for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Kansas.
Congress and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have enacted laws and regulations that apply to the landlord-tenant relationship in Kansas. These laws and regulations address topics such as discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.
The U.S. Code is the starting place for most federal statutory research. It consists of 53 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations ("CFR"). To access the U.S. Code and Code of Federal Regulations online, see the federal section of the Library of Congress's legal research site.
For more information on legal research, check out Legal Research: How to Find & Understand the Law, by Stephen Elias (Nolo). This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information.
You'll also find a wealth of information in Nolo's landlord-tenant books.