Under Kansas law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under the Residential Landlord and Tenant Act, such as the right to timely rent payments and a livable dwelling.Note: These rights exist regardless of what the lease agreement says.
In Kansas, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to habitability requirements in Kansas:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Only If Not Provided by Government | Only If Not Provided by Government |
| Smoke and Carbon Monoxide (CO) Detectors | Smoke Only | No |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords must perform necessary repairs in a timely manner. In Kansas, landlords usually must make repairs within 14 days after getting written notice from tenants. If repairs aren’t made in a timely manner, Kansas tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, but they can’t repair and deduct or unilaterally withhold rent. Read more
Kansas landlords may evict tenants for the following reasons:
Landlords are prohibited from evicting in retaliation or for discriminatory reasons.
It’s illegal for Kansas landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
Returns & Deductions: The following laws apply to the return of security deposits:
Notice Requirements: Tenants without a fixed end date for their lease must give the following notice before breaking a lease:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No Statute |
| Year-to-Year | 30 Days |
Early Termination: Kansas tenants may legally break a lease for the following reasons:
If a Kansas tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Kansas does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Kansas does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Before increasing the rent, landlords must give 30 days’ notice. However, they must give 60 days’ notice if the rental unit is a mobile home.
Protected Groups: The Federal Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. This law does not apply to some owner-occupied homes or homes operated by religious organizations.
Discriminatory Acts & Penalties: The following acts may be interpreted as discriminatory if directed at a member of a protected class:
If you feel like you have been a victim of housing discrimination, you can file a complaint with the Kansas Human Rights Commission here.
In addition to having laws that address general issues like repairs and security deposits, most states, including Kansas, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Kansas landlords have the right to enter rental property for maintenance, inspections, and property showings. Unless it’s an emergency, before any entry a landlord must give “reasonable” advance notice, usually at least 24 hours. The rental agreement typically controls most aspects of a landlord’s right to access the rental property.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $4,000. Kansas Small Claims Court is a division of District Court. The process takes approximately one to two months.
Kansas landlords must make the following mandatory disclosures:
Kansas law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.
Many cities in Kansas have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see below for more general information.
Can a Tenant Change the Locks in Kansas? Kansas tenants can change their own locks, as long as their rental agreement doesn't say otherwise. The landlord still has a right to access the rental property for various purposes, so in most cases tenants must give the landlord copies of any new keys. Read more » What Are a Tenant’s Rights in Kansas? Kansas tenants have the right to live on habitable rental property. If the landlord violates this right, tenants can cancel the rental agreement, and/or take legal action against the landlord. Read more » Is Kansas a “Landlord Friendly” State? Kansas is a landlord-friendly state. The state has neither rent control nor a limit on rental fees. The amenities a landlord must provide are less than in many other places, and landlords have wide freedom to set access policies. Read more » Can a Landlord Enter Without Permission in Kansas? Kansas landlords can enter a rental property without permission only when there's an extreme hazard involving the potential loss of life or severe property damage. In all other cases, the landlord needs permission to enter. Read more »
