Can a Landlord Keep a Deposit for Breaking a Lease in Kansas?
Sections 58-2540 to 58-2573 of the Kansas Statutes are the Kansas Landlord and Tenant Act. The Kansas Statutes codifies the statutory duties and rights between landlords who own property within the state and their tenants who rent their rental properties. The act places monetary caps on how much landlords can charge their tenants as security deposits and when they can retain them. Kansas landlords can use their tenants' security deposits toward unpaid rent, including lease break fees and for incidental property damages.
Kansas Landlord and Tenant Act
The Kansas Landlord and Tenant Act allows landlords to charge their tenants upfront deposits to cover damages and rental payment delinquencies. Landlords can charge their tenants up to a month of rent as a deposit for an unfurnished rental unit and up to a month and a half month of rent as a deposit for a furnished rental unit. Additionally, landlords can charge a pet owner a pet security deposit of up to one-half month of rent per unit, regardless of the total number of pets a renter owns.
Security Deposit Laws
Under Kansas law, landlords can charge their tenants for breaking their leases prematurely by withholding their security deposits to cover unpaid rent. Furthermore, landlords can charge their tenants damage fees for incidental damages beyond normal usage. Although the Kansas Landlord and Tenant Act allows landlords to charge tenants for actual unpaid rent by deducting from their security deposits, landlords cannot use their deposits to cover liquidated damages or for contractual damages without actual early termination damages.
Premature Lease Termination
Landlords can also charge their tenants for other incidental damages caused by premature lease termination, such as the costs of advertising if they broke their leases with several months remaining. For instance, if a month-to-month tenant terminated his lease with only 15 days of advance notice, then under the Kansas security deposit laws, a landlord would probably be unable to charge him for advertising, since he would have had to advertise in a few weeks regardless of early termination. However, if a tenant breaks his lease within two months of moving in, and he was under an annual lease agreement, then under the Kansas security deposit laws, a landlord could probably charge him for the advertisement by deducting from his security deposit.
Termination Notice
Kansas law requires that all tenants provide advance termination notice in writing, even when their leases were based on oral agreements. Month-to-month tenants are required to provide their landlords with at least a 30-day written notice of termination prior to canceling their leases. Kansas law allows landlords to place longer notice requirements in their year-to-year leases, and as long as they are not excessive, Kansas courts will uphold their notice requirements. Whether a lease notice provision is excessive depends on the facts and circumstances of each case.
Returning Security Deposit Time Limits
Kansas law requires that landlords return any remaining security deposits to their tenants within 14 days of vacancy along with an itemized statement of deductions. Landlords may have 30 days to return their security deposits if they provide an itemized statement of deductions within 14 days and need additional time to calculate their damages. Landlords may sue their tenants for additional damages if their security deposits are insufficient to cover their costs.
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