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How to Evict a Family Member in Kansas

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Discover upward-to-appointment resources and forms here.

This webpage is dedicated to explaining the issues that Kansas tenants might face, as well every bit their legal rights earlier, during and after the tenancy. While this webpage is focused on non-federal housing, similar data concerning federal housing can be found here {insert link}.

Additionally, Kansas Legal Services has prepared up-to-appointment legal forms and resources to support tenants. When the information beneath refers to sharing notices to your landlord or filing legal documents, please check this link for an example.

More than detailed information on the topics below can be found in the Kansas Tenant Handbook.

Here is a helpful pamphlet prepared by the Kansas Bar Association with pedagogy aboutyour legal rights in eviction.

Table of Contents

Click on the section title that you desire to read.

 one.Moving In

 2.  Tenancy

 3.  Housing Bigotry

 four.  Eviction

 5. Legal Proceedings

 6.  Personal Belongings

 vii.  Moving Out

 viii.  Security Deposit

 9. Instructional Videos

10.  Helpful Legal Forms

Moving In

Watch a short video about what y'all demand to know when moving into a new place.

Lease and other documents

  • Your lease is an agreement to rent betwixt y'all (the tenant or renter) and the landlord. This agreement lays out the terms of the contract between you and your landlord. It sets the basis rules for your tenancy.
  • Whenever you have a dispute with your landlord, bank check your lease to detect out whether the dispute is addressed there. Usually, disputes with your landlord will be addressed past the lease. If not, the law fills in the gaps.
  • Multiple tenants may exist listed on the same lease agreement, only if your co-tenant fails to pay or moves out before the lease, then you volition however exist obligated to make total rent payments.
  • A separate written understanding amidst co-tenants tin help avoid such issues from coming up and assistance address them if they do.
  • E'er keep a re-create of your lease!

Security Deposit

(see more on Security Deposit beneath)

  • When you sign your lease, your landlord can require a security deposit. This deposit provides security to your landlord in case yous impairment the property during your tenancy – only be certain to read your charter for the specifics.
  • The amount your landlord tin charge for a security eolith depends on what blazon of place you are renting.
  • If your unit is unfurnished, the landlord can just inquire for up to 1 month'southward rent.
  • If your unit is furnished, the landlord can ask for up to one-and-a-half month's hire.

Pet Deposit

  • If y'all have a pet, your landlord tin crave an additional deposit that amounts to half month's rent.
  • But if yous have a certified service or assistance animal, federal law prohibits your landlord from charging an additional deposit for your service or assistance brute. You are withal responsible for any damage caused by your animal, even though your landlord cannot charge an upward-forepart eolith.

Inspection

  • Yous should have a movement-in inspection within 5 days after your lease starts. During this inspection, you and your landlord become through the property to place and document any damages you lot see.
  • Afterward both you lot and your landlord examine the property for damages, you volition both sign a document listing all of those amercement.
  • If the landlord promises to fix whatsoever of the problems yous observe during your inspection, make sure you get this promise in writing! Even if the promise is via text or email, it is ameliorate to accept those promises recorded.
  • Go on a copy of the move-in inspection listing with your lease. This document could be incredibly important upon moving-out. When you movement out, the landlord will once more examine the property and identify any damages. Unless yous can prove those damages were in that location before you moved in, your landlord volition probably have the price out of your security deposit.
  • Pictures can help supplement your movement-in inspection listing, simply please make sure yous have a copy of the list as well.
  • If your landlord volition not do an inspection with you, go ahead and do one yourself. Exist sure to complete the inspection inside 5 days of moving in. A sample form can be plant at this link. Once completed, transport a copy directly to your landlord.

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Tenancy

Watch a short video virtually your rights and responsibilities equally a tenant.

Habitability

  • Landlord obligations and paying rent
  • Your landlord is responsible for providing livable conditions. This commonly includes things like running water, plumbing, heat, electricity and other like essentials. Whether your landlord is responsible for less significant problems is adamant by the lease – exist sure to keep a copy!
  • As tenant, you lot are obligated to pay your landlord monthly rent. This obligation to pay rent is divide and singled-out from your landlord's obligation to provide a livable property. In other words, if you lot withhold rent because your residence has serious maintenance or utility problems, your landlord can even so try to evict yous for nonpayment of hire.
  • Further, the landlord is non responsible for impairment yous cause to the property or whatever harm caused past your family, guests or pets. For example, if your water is shut off because you were unable to pay for utilities, the landlord is not at mistake. Equally another example, if your sewer backs upwards, the landlord would be responsible for maintenance – though if you lot acquired the problem, your landlord tin require you to pay for the repairs.
  • Maintenance

Landlords are obligated to provide maintenance and repair weather that make the holding unlivable. Your landlord might also promise to provide maintenance for other issues, but that volition be addressed past your charter.

  • If your apartment needs maintenance, prepare a listing of repairs that demand to be made. And so, send that list of repairs to your landlord, with a request that your landlord make the repairs by a certain date. It is always best to make these maintenance requests in writing.
  • As tenant, you may also make the repairs yourself, simply only if you lot sign a separate understanding with your landlord to undertake the repairs. The price of the repairs tin be taken out of your next rent payment (or some other acceptable compensation). Notably, if work must be completed to comply with building codes, the landlord should make those repairs rather than the tenant.
  • Uninhabitable living conditions
  • Sometimes, your landlord may not provide livable conditions. Even afterwards you provide them a specific listing of needed repairs, they may neglect or reject to make repairs, rendering your home unlivable. In these circumstances, you can sue your landlord or finish your lease. But it is important that you not withhold rent earlier going to courtroom or terminating your lease. If you do withhold rent – even if your home is unlivable – you could have trouble collecting back hire or pursuing your counterclaims. Instead, we recommend checking with your local housing code inspector (if one exists), before choosing i of the options beneath.
  • Before annihilation else, you should bank check with your local housing say-so, if i exists. In many jurisdictions, the local government has inspection authorization to enforce their housing and building codes. If y'all can make contact with them, they might be able to assist pressure your landlord into making repairs.
  • You may exist able to finish your charter. To do so, you must give your landlord 30 days' notice that y'all intend to terminate your lease agreement considering of the unlivable atmospheric condition in your residence. Also, the termination date has to autumn on a periodic hire-paying date, i.e., if you commonly pay hire on the showtime of the month, your termination date has to be the offset of the calendar month – and also give thirty days' discover. Brand sure you requite your landlord a written notice and that you go along a copy for your records. Once your landlord receives that notice, they have 14 days to begin repairs, otherwise the lease terminates on the date you specified.
  • You lot also may exist able to sue your landlord. If your residence is unlivable, you may bring a lawsuit against your landlord to correct the unlivable conditions and bring your residence into compliance with your lease. Yous can also recover any amercement y'all have sustained, including harm yous suffered from the unlivable conditions too as rent that yous paid to the landlord merely should not have had to pay because of the unlivable weather.

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Housing discrimination

  • The federal Fair Housing Deed prohibits bigotry in the sale or rental of housing. This means your landlord cannot discriminate against your or other tenants on the ground of race, gender, organized religion, familial status, disability or ethnicity. For more than in-depth data, please check out this link.
  • For tenants with disabilities, the landlord must provide reasonable accommodations. This means that your landlord should not enquire discriminatory questions upon application and definitely should not deny housing merely because a prospective tenant has a inability. It too means your landlord should provide reasonable accommodations to tenants with disabilities in terms of the rules and regulations the landlord sets as well as the practices implemented and services provided. So long every bit a request for reasonable adaptation is not "unduly burdensome," your landlord must grant that request nether federal law.
  • Just even under the Off-white Housing Human activity, your landlord can consider things background issues such as criminal history, credit rating and financial stability when deciding whether to rent to the prospective tenant.
  • If y'all believe y'all take suffered discrimination when attempting to purchase or rent a residence, you can file your off-white housing complaint online with the federal Section of Housing and Urban Development at this link. You may too find resources and support with the Kansas Human Right Commission at this link.

Landlord right of entry

  • Your landlord has a correct to enter the property that yous rent from them. Ordinarily, your landlord can only enter after giving you reasonable notice (often 24 hours), and entry into the residence should occur during reasonable hours (not besides early on or besides late in the solar day). If your landlord enters your residence without providing you observe – and assuming there was no emergency – you should submit a written demand to your landlord that they not enter without ensuring you were given notice.
  • In the case of emergency, your landlord can enter your residence whatsoever time and without notice.
  • Considering your landlord has certain rights to enter your residence, it is important to make certain they have updated contact data for you lot in case you are not home when they need to enter. Further, your landlord may be entering your residence to conduct maintenance or even accost pests, and then it is important that you tell your landlord whether you have whatsoever pets and what sensitivities they may have.

Rules and regulations

  • Your landlord is allowed to implement rules and regulations for the residence (and any surrounding belongings they ain or manage). These rules and regulations should be listed in or attached to your lease. Be certain to read them carefully before agreeing to the lease. There may exist rules and regulations – such as no pets or no noise later certain hours – that volition be difficult for you to follow depending on your circumstances. Reviewing the rules and regulations before signing the lease agreement tin can be crucial to avoiding problems with your tenancy.
  • Any rules and regulations implemented by the landlord must be applied equally to all tenants.
  • Further, the rules and regulations should be geared toward providing a benefit to the tenant's welfare or protecting the landlord's property. In other words, the tenant must follow any rules and regulations that are fair, reasonable and provided to the tenant when the tenant enters into the lease agreement.
  • Your landlord can as well change the rules and regulations that apply to your tenancy afterward you sign the lease understanding, but your landlord must give you reasonable notice of the modify. This find could include placing a written certificate in a common area or taping information technology to your front end door.

New tenants

  • Always check with your landlord earlier allowing someone else to move in with you who was not on the lease understanding. If someone moves in with you, and the landlord does not know information technology, yous might exist in violation of the lease agreement. In such circumstances, your landlord tin probably begin the eviction procedure.
  • If you want to sub-lease your apartment to someone else, y'all should read your lease agreement carefully. Some leases will completely prohibit sub-leasing the belongings, while others will set up guidelines for how to do and then, such every bit written consent from the landlord.

Natural disaster

  • Unfortunately, our homes can be struck past fire, alluvion, tornado or some other natural disaster. When a natural disaster renders your home unlivable – either by destroying information technology completely or substantially impairing your ability to live there – you do not accept to stay there. You lot also have the selection of terminating your lease if you are unable to return.
  • Afterwards leaving the holding, you should tell your landlord within 5 days whether y'all want to terminate the charter.

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Eviction

Watch this short video on virtually everything you demand to know about eviction.

No self-help by landlord

  • No matter the circumstances, your landlord is not allowed to evict you past themselves. Whenever your landlord wants to evict yous, they must either have your agreement or get a court order.
  • This ways your landlord cannot try to evict you by shutting off the utilities or irresolute the locks. If this happens, y'all may be able to sue your landlord for damages upwards to one-and-a-one-half months' rent.

Nonpayment of rent

  • Whenever your rent is belatedly, your landlord has the option of beginning the eviction process. To exercise then, your landlord must give you a "3-Day Notice" document that explains your rent is by due and that you accept three days from the date of the find to pay any hire that is due. So long every bit you pay your rent inside iii days (or 72 hours) of the notice, you volition be caught up and the landlord cannot pursue eviction.
  • Even after the three day period, you lot tin notwithstanding offer to pay back the rent that is owed to your landlord. If your landlord accepts the payment without reservation – and y'all are all caught up – then your landlord cannot file for eviction.
  • If your landlord tries to dodge payment, you can mail them the hire due. This will provide a verifiable and dated tape of when you paid your rent. If y'all decide to get out your hire with the landlord or at their office, be sure to get a receipt of payment. At the very least, take a motion-picture show of you dropping off rent to confirm the appointment of payment.

Material noncompliance with charter

  • Your landlord may likewise believe you lot are not complying with the lease agreement, such as by having a pet without permission or using the residence opposite to the charter terms. To adios you, the landlord must provide a notice to you that you take 14 days to correct the problem, otherwise y'all will have to vacate xxx days after you go the find. In other words, the lease volition finish xxx days after the notice date, unless you can right the problem in fourteen days.
  • If you receive such a notice, you have 14 days to begin correcting the problem identified by the landlord. Once yous have corrected the issue, be sure to send written notice to your landlord and keep a re-create for your records.
  • Significantly, if yous take another breach of the lease agreement of the same (or like) blazon after that xiv-day period, your landlord has the right to terminate the lease, even if you corrected the first issue. Your landlord volition demand to provide y'all 30 days' notice earlier the charter is terminated, but you cannot avoid lease termination past trying to accost the second breach.

Terminating tenancy

  • Your landlord might try to terminate the tenancy at the finish of the natural lease term. In other words, your landlord may not allow y'all to renew your tenancy at the end of the lease. Normally, your landlord's right to finish the tenancy will be spelled out in the lease agreement. And in most cases, your landlord will have to provide you at least 30 days' detect that they plan to not renew your lease.
  • Read the lease carefully. Many leases will permit landlords to only requite thirty days' notice to terminate the lease, but will require the tenant to provide even more time (such as 60 days' detect) earlier terminating the lease.
  • If you lot are on a month-to-month tenancy, without a lease agreement, both you (as tenant) and the landlord tin can terminate the tenancy with at least 30 days' notice. Also, the termination date has to land on a periodic rent-paying engagement, i.eastward., if you unremarkably pay rent on the showtime of the month, your termination date has to be the first of the month – and likewise give 30 days' observe.
  • Your landlord can bring a lawsuit to evict you lot if yous stay by the date the lease is terminated.

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Legal proceedings

Observe

Before beginning legal eviction proceedings, your landlord must provide you three days' notice to get out the residence. This means your landlord must wait at least 72 hours after providing you this notice earlier filing papers to start the eviction lawsuit.

This detect is not a court certificate and does non take to be notarized.

This 3 day notice to leave the residence is separate and singled-out from the other types of observe your landlord must provide you concerning nonpayment of rent, fabric noncompliance with your lease or termination of your charter. To bring a successful eviction lawsuit, your landlord must provide both types of observe. Oftentimes, though, your landlord will provide one document that provides both types of notice, i.e., a notice that you have 3 days to pay rent or vacate the bounds, otherwise the landlord will seek eviction. This type of dual discover is sufficient under the law.

Petition and summons

  • After providing notice, your landlord tin can start an eviction lawsuit past filing a petition to the courtroom, which generates a summons to you to participate in the legal proceedings. Your landlord will need to serve both the petition and the summons on you lot to proceed – commonly through personal service, but as well sometimes via post or by posting on your door.
  • The petition is a legal document filed past the landlord that explains why you are existence evicted, the amount of hire you owe (if any) and any other damages claimed by the landlord. In this certificate, the landlord volition ask the court to lodge you to vacate the property and pay any amercement they allege you lot owe. If at all possible, y'all should reply to the petition past filing an respond (described below).
  • The summons is a document generated by the court that sets a hearing date and time. You must evidence up to this hearing at the date and time listed on the summons. Be certain to review the summons advisedly because the hearing appointment and time might exist only a day or two later you are served the summons and petition.
  • Missing the court date listed on the summons has serious consequences. Your landlord volition be able to take a default judgment against y'all – significant the court will give them whatever they asked for, whether you concur or not. If y'all miss this court date, you can exist evicted immediately.
  • If you cannot nourish courtroom on the date and time listed on the summons, you should contact the courtroom immediately about seeking a constancy and follow their procedure to practise so. However, continuances are frequently not allowed without the landlord's agreement.
  • Answer and counterclaims
  • If you disagree with the petition, then yous should attempt to file an respond with the court. Kansas Legal Services has developed a template answer that you can employ. This answer document volition clarify to the court that you contest the allegations made by your landlord and what defenses you accept. When filling out the reply, it is ok to deny any allegation that is partially untrue or cannot be verified. You should also list as many possible defenses as you reasonably can. An extensive listing of possible defenses is provided in the template answer.
  • In addition to your answer to the petition, yous should raise whatsoever counterclaims you may have against your landlord. Your counterclaims can exist included in the aforementioned document as your answer, as demonstrated by the template above. Similar with defenses, you should try to raise whatsoever counterclaims that yous recall tin be justified. Counterclaims are especially helpful considering they tin give y'all negotiating leverage with your landlord. For example, you can offer to dismiss your counterclaims in substitution for your landlord dismissing their claims (and mayhap agreeing to sign a new charter). And if you proceed to trial, your counterclaims tin provide a buffer against whatsoever back-rent or other damages y'all may owe.
  • You should call the courtroom clerk almost the best way to file your reply and counterclaims. They may propose you mail information technology to them or asking you drib information technology off at the court. Either manner, you will also need to mail a copy of the answer to your landlord or their attorney. Endeavor to do all of this before the date and time listed on the summons.

Pre-trial advent

  • An eviction proceeding has two courtroom dates. The first court date and fourth dimension will exist listed on the summons. The appointment and time listed will be 14 days or less subsequently the summons was issued by the court (pregnant sometimes your landlord will have to asking a new summons if they did not serve yous in time).
  • At this first hearing, y'all make your initial appearance to the courtroom. In some counties, you lot volition appear earlier a judge to demand a trial. In other counties, you simply demand a trial past filling out some papers with the court. Either way, you must evidence up to demonstrate that you are challenging the petition. If you have non filed your respond or counterclaims beforehand, you should exist able to submit your arguments at this hearing. In that instance, you should still effort to file and serve your respond later on the hearing.
  • At the terminate of this hearing, the courtroom volition gear up a trial appointment. The trial appointment volition be ready xiv days or less after the initial hearing (usually less). Every bit tenant, y'all volition not be able to request a constancy of this trial hearing, unless y'all file a bond with approval of the court.
  • If you practise not show up to this beginning hearing, the court will likely take default judgment confronting you lot and award your landlord any they requested. This can include immediate eviction.

Trial

Your trial appointment will involve both you and your landlord presenting your cases. There will non be a jury – the trial will exist conducted and decided by the judge.

  • Bring any bear witness that is of import to your defenses or counterclaims to the trial. You do not need to submit your testify before the trial. Only at trial, it will be crucial to properly introduce the evidence to the courtroom. Before going to court, do your best to organize the documents that are of import to your example. When yous demand to innovate a document at trial, you should tell the court that you are introducing an evidentiary showroom. Then, y'all should explicate what the evidence is, depict why it is relevant to your case and that the prove is real and accurate (or at least a copy of existent and authentic evidence).
  • At the close of trial, the gauge will make up one's mind whether to grant or deny your landlord's petition, likewise as accost any counterclaims yous raised. If your landlord wins, the gauge will issue an order declaring the landlord is entitled to possession. In one case your landlord has that possession gild, they may request a writ of restitution, which is an official court document maxim that you must vacate the residence. The writ of restitution can be enforced by the sheriff as well as a special process server. Enforcement must occur within 14 days – though sometimes it happens far more rapidly, such as a matter of hours.
  • Y'all need to exist prepared to leave the residence on the day of your trial. While it is non guaranteed that you will be forced to leave that twenty-four hour period, information technology is entirely possible. One time the court issues the writ of restitution, you must immediately vacate the property (with or without your possessions). If you practice not, you may be arrested for criminal trespass. Consequently, information technology is of import to make arrangements to store your personal holding in case you are evicted. When the sheriff or procedure server comes to put you lot out, they volition usually only give you a few minutes to pack some small property.

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Personal property

Storage

  • Sometimes, tenants leave behind personal holding afterwards leaving their sometime residence. This might occur accidentally afterward formally terminating your charter with your landlord. It might likewise occur through eviction proceedings, where a tenant is put out before they can collect their property. In such circumstances, your landlord is entitled to take possession of the residence and store your possessions at your expense.
  • If your landlord takes possession of your personal property after vacating the residence, you have at to the lowest degree 30 days to recover those belongings – or any fourth dimension before your landlord sells your belongings. To recover your personal property, you volition need to pay your landlord the costs of storage likewise as whatsoever other money owed, such as back-hire. Once you do that, your landlord is obligated to return your property. If they do not return your things, you may exist able to sue them for improperly converting (i.e., stealing) your personal property.
  • After 30 days, if yous have not paid your landlord back for storage costs and any other coin owed, your landlord is allowed to sell or throw away your things. Any proceeds from the auction of your personal property should exist applied to storage costs first, then to any other debts you may owe your landlord. If money is left over, your landlord is allowed to keep it.

Publication and auction

  • Your landlord has to wait at to the lowest degree 30 days to sell any personal belongings that you left backside.
  • In addition, your landlord must also publish notice that they are going to sell your personal property at least 15 days prior to the sale. This detect should exist published in a newspaper of general circulation in your county.
  • Likewise, your landlord must mail service you lot a notice of the sale within 7 days afterwards publishing notice of the sale. In that way, y'all should become specific notice that your belongings may be sold.
  • If your landlord sells your personal belongings without following these rules, you may exist able to sue them for illegally converting your property and thus be liable to you for the cost your belongings.

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Moving Out

Spotter this short video about what y'all need to know when moving out of a rental holding.

Security deposit render

  • When y'all move out, your landlord must return your security deposit, unless sure weather condition apply.
  • If you owe back-rent, the amount of rent due tin can be claimed from your security deposit.
  • If you damaged the residence or left it less clean than when you lot moved in, your landlord can take the toll of repair out of your security deposit. Only this condition does not utilise to normal wearable-and-tear. If the merely impairment identified by the landlord is normal habiliment-and-tear, they should not deduct anything from your security deposit.
  • To recover your security eolith, you must move out entirely, notify your landlord that you accept moved out, return the keys and make a written demand for the security deposit. Once you lot practice those things, your landlord should determine the residuum of the security eolith owed to you. Later on making that determination, your landlord has only 14 days to return your security deposit to you.
  • Overall, your landlord has no more than xxx days to return the portion of the security deposit owed to you later you motion out and submit your written demand. If your landlord wants to keep some or all of your security deposit, they need to write to you within xxx days of moving out with an itemized list of amounts they are withholding.
  • If your landlord does not render your security deposit, even after you took all the necessary steps, you may be able to sue your landlord. In that lawsuit, you could recover the portion of the security eolith due to yous as well as an amount of money 1-and-a-half times the amount your landlord wrongfully withheld.
  • Mostly, you cannot employ your security deposit to pay your last calendar month of rent. If you attempt to do so, yous volition forfeit your security deposit and as well exist liable for that month'south rent. The only way for you to utilise your security deposit for rent is an explicit agreement with your landlord.

Rules for moving out

  • Your rules for moving out should be detailed in your lease understanding. Review those rules carefully.
  • About importantly, you will likely be required to give your landlord at least 30 days' discover that you will be leaving the residence at the cease of your lease term. Make a note in your calendar to notify your landlord as required by your lease. Even though the lease may only last 1 year, your tenancy does not automatically finish when the lease does. In such circumstances, y'all will probable exist subject to a month-to-month tenancy until y'all properly vacate the property. For example, if you move out but do not notify your landlord, yous might owe another month of rent even though y'all live elsewhere.
  • If you are already on a month-to-month tenancy, you must give at least 30 days' observe that y'all program to finish the tenancy. In addition, the date of termination must be a normal rent-paying date – if you pay rent on the first, your termination date should too be on the first (and also at least 30 days out).
  • When you provide notice that yous will be moving out (or any fourth dimension earlier moving out), you should transport a written demand to your landlord that you want any remaining security deposit back. You should also provide a forwarding address for your landlord to send that deposit to you lot.
  • When moving out, you should set up an inspection list that mirrors your move-in inspection list. Go along this motility-out inspection list, along with a copy of your lease and the motion-in inspection listing. It is also helpful to accept photos and video of the status of the property when you move out. These documents, photos and video could be important to receiving the proper amount of your security deposit.

Service members

  • If you lot have enrolled in military service or are an agile service fellow member, you have the right to end your charter agreement so long as certain conditions are met. Fifty-fifty if the lease understanding does non permit you to terminate the lease, you lot may do and so if you lot receive permanent change of station orders, or an social club to deploy with a military unit or if y'all are called to support a armed forces performance lasting at least 90 days.
  • If one of these weather condition arises, and you lot need to break your lease, you should immediately notify your landlord and provide them with a re-create of your service orders. This tin be done through mitt delivery or, if necessary, through certified mail or a private concern post carrier like UPS or FedEx.
  • Once you deliver or mail the detect to your landlord, your tenancy will finish xxx days after the 24-hour interval that rent is next due nether your charter agreement. For example, if rent is due on June one, and yous provide notice to your landlord on May 28, then the tenancy will finish on July ane. In this scenario, you are responsible for rent for the month of June and the charter ends at the stop of the month.
  • Merely if y'all were on a month-to-month tenancy, you may cease the lease with only 15 days' notice to your landlord.

Be sure to provide your landlord with a forwarding address in example they demand to return your security deposit or otherwise contact you nearly the tenancy.

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Security Deposit

How much can a security deposit be?

  • IF the unit does not have furniture in information technology, the landlord cannot inquire for more i month's rent

(Unit WITHOUT furniture -> maximum 1 month'south rent)

  • IF it does take article of furniture, the landlord cannot inquire for more than than one and one half month's rent

                       (Unit WITH furniture -> maximum 1+ane/ii month'due south rent)

A landlord may also ask for a pet eolith, which cannot be more than half of 1 month's rent.

How tin can you get your security deposit back?

Your landlord MUST return your security deposit, UNLESS:

  • You owe back rent
  • You did not get out the unit as clean every bit information technology was when y'all moved in
  • There was damage to the unit that happened while you were renting information technology
    • IF the damage is normal wear and tear you would expect to run into, like fading pigment, then the landlord cannot deduct ANYTHING from your security deposit.
    • IF the damage is more than ordinary habiliment and tear, similar a pigsty in a wall, the landlord can take out the amount information technology would cost to return the unit to how it was when you moved in. The rest of the security eolith not spent on cleaning or repairing the unit HAS to be returned to you.

Does the landlord take a borderline to return my security deposit?

If you lot have non already done so you should demand the return of your security deposit.

The landlord must render the balance of the security deposit to the tenant within 14 days after the determination of the amount of his "expenses, damages or other charges" but in no effect should the landlord take any more than xxx days to get that done. K.S.A. 58-2550.

 The law requires the tenant to be entirely vacated. Too many tenants leave and never brand it clear to the landlord they have vacated. Information technology is non until the landlord "knows" the tenant has vacated that the xxx days begins to run.

Here is a form that you lot tin utilise to need your security deposit back.

If this form does not get your deposit back, you may want to have your landlord to Pocket-sized Claims Court.

 Utilize thisguided interview to help you create a legal document that you lot can file in Small Claims Court for the return of your security deposit.By clicking Here , you lot will be taken through a series of questions that will fill out the class you lot demand for your state of affairs.

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VIDEOS

Housing & Credit Counseling, Inc. (HCCI) of Kansas has a series of videos that are designed to help tenants with landlord/tenant problems.

Evictions

For a video that gives you more information on evictions and the eviction processclick here

Leasing Agreements

This video informs you about the differences between leases, sub-leasing, if you can intermission your charter, what kind of term your lease is, terminating your lease, and what data you need to know most your lease.

Notice

This video informs you how to give observe to your landlord, how many days yous have to requite find, and what kind of notice the landlord must give yous.

Security Deposit

This video informs y'all nearly the amounts of security deposits, how to go your eolith back, how long the landlord has to return your deposit, and the list of damages the landlord must give yous if the landlord withholds some of the eolith.

Move-In & Move-Out Inspections

This videoinforms you about what the landlord and tenant must do upon motility-in, what to look for when moving in/out, and the minor claims courtroom process.

Tenant Rights

This videoinforms you lot nigh maintenance requests and what the landlord is responsible for repairing.

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Helpful Forms for You, Especially During COVID-19 Pandemic

The following forms can be found at https://www.facebook.com/notes/kansas-legal-services-manhattan/tenant-forms-in-progress/2332628046776297/.

They are maintained in this format so that they can exist easily changed by KLS staff, as work on these forms continues.  These forms are in a .pdf format.

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Updated January. three, 2022

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Source: https://www.kansaslegalservices.org/node/1934/tenant-issues-and-rights-kansas-renters

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