reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2544 Finding of unconscionability; remedies; evidence.

58-2544.
Finding of unconscionability; remedies; evidence.
(a) If the court, as a matter of law, finds: (1) A rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result; or
(2) a settlement in which a party waives or agrees to forego a claim or right under this act or under a rental agreement was unconscionable at the time it was made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision or limit the application of any unconscionable provision to avoid any unconscionable result.
(b) If unconscionability is put into issue by a party or by the court upon its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or settlement to aid the court in making the determination.
History:
L. 1975, ch. 290, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2545 Rental agreement; terms and conditions in absence thereof.

58-2545.
Rental agreement; terms and conditions in absence thereof.
(a) The landlord and tenant may include in a rental agreement, terms and conditions not prohibited by this act or other rule of law, including rent, term of the agreement and other provisions governing the rights and obligations of the parties.
(b) In absence of agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit.
(c) Rent shall be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit, and periodic rent is payable at the beginning of any term of one (1) month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day-to-day.
(d) Unless the rental agreement fixes a definite term, the tenancy shall be week-to-week, in the case of a roomer who pays weekly rent, and in all other cases month-to-month.
History:
L. 1975, ch. 290, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2546 Same; agreement not signed and delivered given effect by certain actions; limitation on term.

58-2546.
Same; agreement not signed and delivered given effect by certain actions; limitation on term.
(a) If the landlord does not sign and deliver a written rental agreement which has been signed and delivered to such landlord by the tenant, the knowing acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord.
(b) If the tenant does not sign and deliver a written rental agreement which has been signed and delivered to such tenant by the landlord, the knowing acceptance of possession and payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant.
(c) If a rental agreement given effect by the operation of this section provides for a term longer than one year, it is effective only for one year.
History:
L. 1975, ch. 290, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2547 Same; prohibited terms and conditions; damages.

58-2547.
Same; prohibited terms and conditions; damages.
(a) No rental agreement may provide that the tenant or landlord:
(1) Agrees to waive or to forego rights or remedies under this act;
(2) authorizes any person to confess judgment on a claim arising out of the rental agreement;
(3) agrees to pay either party's attorneys' fees; or
(4) agrees to the exculpation or limitation of any liability of either party arising under law or to indemnify either party for that liability or the costs connected therewith, except that a rental agreement may provide that a tenant agrees to limit the landlord's liability for fire, theft or breakage with respect to common areas of the dwelling unit.
(b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by such landlord to be prohibited, the tenant may recover actual damages sustained by such tenant.
History:
L. 1975, ch. 290, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2548 Inventory of premises by landlord and tenant, when; copies.

58-2548.
Inventory of premises by landlord and tenant, when; copies.
Within five (5) days of the initial date of occupancy or upon delivery of possession, the landlord, or such landlord's designated representative, and the tenant shall jointly inventory the premises. A written record detailing the condition of the premises and any furnishings or appliances provided shall be completed. Duplicate copies of the record shall be signed by the landlord and the tenant as an indication the inventory was completed. The tenant shall be given a copy of the inventory.
History:
L. 1975, ch. 290, § 9; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2549 Receipt of rent subject to certain obligations.

58-2549.
Receipt of rent subject to certain obligations.
A rental agreement, assignment, conveyance, trust deed or security instrument may not permit the receipt of rent free of the obligation to comply with subsection (a) of K.S.A. 58-2553.
History:
L. 1975, ch. 290, § 10; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2551 Disclosures required of landlord or person authorized to enter rental agreement; person failing to comply becomes landlord's agent for certain purposes.

58-2551.
Disclosures required of landlord or person authorized to enter rental agreement; person failing to comply becomes landlord's agent for certain purposes.
(a) The landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing, at or before the commencement of the tenancy, the name and address of:
(1) The person authorized to manage the premises; and
(2) an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.
(b) The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner or manager.
(c) A person who fails to comply with subsection (a) becomes an agent of each person who is a landlord for the purpose of:
(1) Service of process and receiving and receipting for notices and demands; and
(2) performing the obligations of the landlord under this act and under the rental agreement and expending or making available for such purpose all rent collected from the premises.
History:
L. 1975, ch. 290, § 12; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2552 Delivery of possession of premises; action for possession; damages.

58-2552.
Delivery of possession of premises; action for possession; damages.
At the commencement of the term the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and K.S.A. 58-2553. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in subsection (c) of K.S.A. 58-2570.
History:
L. 1975, ch. 290, § 13; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2554 Conveyance by landlord or termination by manager; notice; no liability for subsequent events.

58-2554.
Conveyance by landlord or termination by manager; notice; no liability for subsequent events.
(a) Unless otherwise agreed, a landlord, who conveys premises that include a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser, is relieved of liability under the rental agreement and this act as to events occurring subsequent to written notice to the tenant of the conveyance. However, such landlord remains liable to the tenant for any portion of a security deposit to which the tenant is entitled under K.S.A. 58-2550.
(b) Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of liability under the rental agreement and this act as to events occurring after written notice to the tenant of the termination of such manager's management.
History:
L. 1975, ch. 290, § 15; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2555 Duties of tenant.

58-2555.
Duties of tenant.
The tenant shall: (a) Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
(b) keep that part of the premises that such tenant occupies and uses as clean and safe as the condition of the premises permit;
(c) remove from such tenant's dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner;
(d) keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
(e) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators in the premises;
(f) be responsible for any destruction, defacement, damage, impairment or removal of any part of the premises caused by an act or omission of the tenant or by any person or animal or pet on the premises at any time with the express or implied permission or consent of the tenant;
(g) not engage in conduct or allow any person or animal or pet, on the premises with the express or implied permission or consent of the tenant, to engage in conduct that will disturb the quiet and peaceful enjoyment of the premises by other tenants.
History:
L. 1975, ch. 290, § 16; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2556 Rules and regulations of landlord; when enforceable.

58-2556.
Rules and regulations of landlord; when enforceable.
A landlord, from time to time, may adopt rules or regulations, however described, concerning the tenant's use and occupancy of the premises. Any such rule or regulation is enforceable against the tenant only if:
(a) Its purpose is to promote the convenience, safety, peace or welfare of the tenants in the premises, preserve the landlord's property from abusive use or make a fair distribution of services and facilities held out for the tenants generally;
(b) it is reasonably related to the purpose for which it is adopted;
(c) it applies to all tenants in the premises equally;
(d) it is sufficiently explicit in its prohibition, direction or limitation of the tenant's conduct to fairly inform the tenant of what such tenant must or must not do to comply;
(e) it is not for the purpose of evading the obligations of the landlord; and
(f) the tenant has notice of it at the time such tenant enters into the rental agreement.
After the tenant enters into the rental agreement, if a rule or regulation which effects a substantial modification of the rental agreement is adopted, such rule or regulation is not enforceable against the tenant unless such tenant consents to it in writing.
History:
L. 1975, ch. 290, § 17; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2557 Landlord's right to enter; limitations.

58-2557.
Landlord's right to enter; limitations.
(a) The landlord shall have the right to enter the dwelling unit at reasonable hours, after reasonable notice to the tenant, in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.
(b) The landlord may enter the dwelling unit without consent of the tenant in case of an extreme hazard involving the potential loss of life or severe property damage.
(c) The landlord shall not abuse the right of access or use it to harass the tenant.
History:
L. 1975, ch. 290, § 18; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2558 Use of premises; extended absence of tenant.

58-2558.
Use of premises; extended absence of tenant.
Unless otherwise agreed, the tenant shall occupy such tenant's dwelling unit only as a dwelling unit. The rental agreement may require that the tenant notify the landlord of any anticipated extended absence from the premises in excess of seven days no later than the first day of the extended absence.
History:
L. 1975, ch. 290, § 19; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2559 Material noncompliance by landlord; notice; termination of rental agreement; limitations; remedies; security deposit.

58-2559.
Material noncompliance by landlord; notice; termination of rental agreement; limitations; remedies; security deposit.
(a) Except as otherwise provided in this act, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with K.S.A. 58-2553 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a periodic rent-paying date not less than thirty (30) days after receipt of the notice. The rental agreement shall terminate as provided in the notice, subject to the following:
(1) If the breach is remediable by repairs or the payment of damages or otherwise, and the landlord adequately initiates a good faith effort to remedy the breach within fourteen (14) days after receipt of the notice, the rental agreement shall not terminate. However, in the event that the same or a similar breach occurs after the fourteen-day period provided herein, the tenant may deliver a written notice to the landlord specifically describing the breach and stating that the rental agreement shall terminate upon a periodic rent-paying date not less than thirty (30) days after the receipt of such notice by the landlord. The rental agreement then shall terminate as provided in such notice.
(2) The tenant may not terminate for a condition caused by an act or omission of, or which is or can be properly attributable or applicable to, the tenant or any person or animal or pet on the premises at any time with the tenant's express or implied permission or consent.
(b) Except as otherwise provided in this act, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or K.S.A. 58-2553. The remedy provided in this subsection shall be in addition to any right of the tenant arising under subsection (a) of this section.
(c) If the rental agreement is terminated, the landlord shall return that portion of the security deposit recoverable by the tenant under K.S.A. 58-2550.
(d) The provisions of this section shall not limit a landlord's or tenant's right to terminate the rental agreement pursuant to K.S.A. 58-2570, and amendments thereto.
History:
L. 1975, ch. 290, § 20; L. 1978, ch. 218, § 2; L. 1978, ch. 217, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2560 Failure by landlord to deliver possession; remedies.

58-2560.
Failure by landlord to deliver possession; remedies.
If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in K.S.A. 58-2552, rent abates until possession is delivered and the tenant:
(a) Upon at least five days' written notice to the landlord, may terminate the rental agreement and upon termination the landlord shall return all of the security deposit; or
(b) may demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord, or any person wrongfully in possession, and recover the damages sustained by such tenant.
If a person's failure to deliver possession is willful and not in good faith, an aggrieved party may recover from such person an amount not more than one and one-half (1 1/2) months' periodic rent or one and one-half (1 1/2) times the actual damages sustained by such party, whichever is greater.
History:
L. 1975, ch. 290, § 21; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2561 Action for possession for nonpayment of rent; counterclaim, waiver; accrued rent, payment into court; disposition; when judgment for tenant.

58-2561.
Action for possession for nonpayment of rent; counterclaim, waiver; accrued rent, payment into court; disposition; when judgment for tenant.
(a) In an action for possession based upon nonpayment of the rent, or in an action for rent where the tenant is in possession, the tenant shall counterclaim for any amount which such tenant may recover under the rental agreement or this act or such counterclaim shall be deemed to have been waived. In that event, the court from time to time may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and the balance shall be paid by the other party. If no rent remains due after application of this section, judgment may be entered for the tenant in the action for possession.
(b) In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subsection (a), but the tenant shall not be required to pay any rent into court.
History:
L. 1975, ch. 290, § 22; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2562 Damage or destruction by fire or casualty; termination of rental agreement; notice; vacation of part of dwelling; reduction of rent; security deposit.

58-2562.
Damage or destruction by fire or casualty; termination of rental agreement; notice; vacation of part of dwelling; reduction of rent; security deposit.
(a) If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that the use and habitability of the dwelling unit is substantially impaired, the tenant:
(1) May vacate the premises immediately and shall notify the landlord in writing within five (5) days thereafter of such tenant's intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or
(2) if continued occupancy is lawful, may vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.
(b) If the rental agreement is terminated pursuant to this section, the landlord shall return that portion of the security deposit recoverable by the tenant under K.S.A. 58-2550, and accounting for rent in the event of either termination of the rental agreement or apportionment of rent shall occur as of the date of vacating.
History:
L. 1975, ch. 290, § 23; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2563 Unlawful removal or exclusion of tenant; diminished services; damages; security deposit.

58-2563.
Unlawful removal or exclusion of tenant; diminished services; damages; security deposit.
If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than one and one-half (1 1/2) months' periodic rent or the damages sustained by the tenant, whichever is greater. If the rental agreement is terminated, the landlord shall return that portion of the security deposit recoverable by the tenant under K.S.A. 58-2550.
History:
L. 1975, ch. 290, § 24; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2564 Material noncompliance by tenant; notice; termination of rental agreement; limitations; nonpayment of rent; remedies.

58-2564.
Material noncompliance by tenant; notice; termination of rental agreement; limitations; nonpayment of rent; remedies.
(a) Except as otherwise provided in the residential landlord and tenant act, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with K.S.A. 58-2555 and amendments thereto materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice, if the breach is not remedied in 14 days. The rental agreement shall terminate as provided in the notice regardless of the periodic rent-paying date, except that if the breach is remediable by repairs or the payment of damages or otherwise, and the tenant adequately initiates a good faith effort to remedy the breach prior to the date specified in the notice, the rental agreement will not terminate. However, in the event that such breach or a similar breach occurs after the 14-day period provided in this subsection, the landlord may deliver a written notice to the tenant that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice without providing the opportunity to remedy the breach. The rental agreement then shall terminate as provided in such notice regardless of the periodic rent-paying date.
(b) The landlord may terminate the rental agreement if rent is unpaid when due and the tenant fails to pay rent within three days, after written notice by the landlord of nonpayment and such landlord's intention to terminate the rental agreement if the rent is not paid within such three-day period. The three-day notice period provided for in this subsection shall be computed as three consecutive 24-hour periods. When such notice is served on the tenant or to some person over 12 years of age residing on the premises, or by posting a copy of the notice in a conspicuous place thereon, the three-day period shall commence at the time of delivery or posting. When such notice is delivered by mailing, an additional two days from the date of mailing should be allowed for the tenant to pay such tenant's rent and thereby avoid having the rental agreement terminated.
(c) Except as otherwise provided in the residential landlord and tenant act, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or K.S.A. 58-2555 and amendments thereto.
(d) The provisions of this section shall not limit a landlord's or tenant's right to terminate the rental agreement pursuant to K.S.A. 58-2570, and amendments thereto.
History:
L. 1975, ch. 290, § 25; L. 1978, ch. 218, § 1; L. 1978, ch. 217, § 1; L. 1992, ch. 306, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2566 Acceptance of late rent; effect.

58-2566.
Acceptance of late rent; effect.
Acceptance of late payment of rent from the tenant without reservation by the landlord, or acceptance of performance by the tenant, other than for payment of rent, that varies from the terms of the rental agreement, constitutes a waiver of the landlord's right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred.
History:
L. 1975, ch. 290, § 27; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2567 Lien or security interest in tenant's personal property unenforceable; distraint abolished, exception.

58-2567.
Lien or security interest in tenant's personal property unenforceable; distraint abolished, exception.
(a) Except as otherwise provided in this act, a lien or security interest on behalf of the landlord in the tenant's household goods, furnishings, fixtures or other personal property is not enforceable unless perfected prior to the effective date of this act.
(b) Except as otherwise provided in K.S.A. 58-2565, distraint for rent is abolished.
History:
L. 1975, ch. 290, § 28; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2568 Landlord's remedies upon termination of rental agreement.

58-2568.
Landlord's remedies upon termination of rental agreement.
Upon termination of the rental agreement, the landlord may have a claim and file an action for possession or for rent or both. The landlord also may have a separate claim for actual damages for breach of the rental agreement and may file an action for such damages prior to the termination date of the rental agreement.
History:
L. 1975, ch. 290, § 29; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2569 Landlord's recovery or possession of dwelling; limitations.

58-2569.
Landlord's recovery or possession of dwelling; limitations.
A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, except in case of abandonment, surrender or as otherwise permitted in this act.
History:
L. 1975, ch. 290, § 30; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2571 Tenant's refusal to allow lawful access; remedies; landlord's unlawful or unreasonable entry; remedies.

58-2571.
Tenant's refusal to allow lawful access; remedies; landlord's unlawful or unreasonable entry; remedies.
(a) If the tenant refuses to allow lawful access to the dwelling unit, the landlord may obtain injunctive relief to compel access, or may terminate the rental agreement. In either case, the landlord may recover actual damages.
(b) If the landlord makes an unlawful entry, or a lawful entry in an unreasonable manner, or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or may terminate the rental agreement. In either case, the tenant may recover actual damages.
History:
L. 1975, ch. 290, § 32; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2572 Certain retaliatory actions by landlord prohibited; remedies; increased rent, when; action for possession, when.

58-2572.
Certain retaliatory actions by landlord prohibited; remedies; increased rent, when; action for possession, when.
(a) Except as otherwise provided in this section, a landlord may not retaliate by increasing rent or decreasing services after:
(1) The tenant has complained to a governmental agency, charged with responsibility for enforcement of a building or housing code, of a violation applicable to the premises materially affecting health and safety; or
(2) the tenant has complained to the landlord of a violation under K.S.A. 58-2553; or
(3) the tenant has organized or become a member of a tenants' union or similar organization.
(b) If the landlord acts in violation of subsection (a) of this section, the tenant is entitled to the remedies provided in K.S.A. 58-2563 and has a defense in an action against such tenant for possession.
(c) Notwithstanding the provisions of subsection (a), the landlord may increase the rent of a tenant even though the tenant has complained of a violation as described in clauses (1) or (2) of subsection (a) or has organized or become a member of an organization as described in clause (3) of subsection (a), if such rent increase does not conflict with a lease agreement in effect and is made in good faith to compensate the landlord for expenses incurred as a result of acts of God, public utility service rate increases, property tax increases or other increases in costs of operations.
(d) Notwithstanding subsections (a) and (b), a landlord may bring an action for possession if:
(1) The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person or animal or pet upon the premises with his or her express or implied consent;
(2) the tenant is in default in rent; or
(3) compliance with the applicable building or housing code requires alteration, remodeling or demolition which would effectively deprive the tenant of use of the dwelling unit. The maintenance of an action under this subsection does not release the landlord from liability under subsection (b) of K.S.A. 58-2559.
History:
L. 1975, ch. 290, § 33; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2573 Inapplicability of act.

58-2573. Inapplicability of act.
The provisions of this act shall not: (a) Apply to or affect any valid rental agreement entered into prior to the effective date of this act, nor shall it apply to or affect any conduct or transaction of the parties to such rental agreement, if such conduct or transaction is in accordance with and pursuant to such rental agreement; but the provisions of this act shall apply to and govern any renewal, extension or modification of any such rental agreement, where such renewal, extension or modification is effected on or after the effective date of this act; or
(b) apply to any person or persons who enter and remain in a dwelling unit without a rental agreement and without the landlord's knowledge and such person knows that such person is not authorized or privileged to do so and an order to leave has been personally communicated to such person by the landlord. Such person or persons may be prosecuted pursuant to K.S.A. 21-5808, and amendments thereto.
History:
L. 1975, ch. 290, § 34; L. 1994, ch. 271, § 2; L. 2011, ch. 30, § 204; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,100 Title of Act.

58-25,100.
Title of Act.
K.S.A. 58-25,100 through 58-25,126 shall be known and may be cited as the mobile home parks residential landlord and tenant act and shall govern mobile home parks residential landlord and tenant actions on and after January 1, 1993.
History:
L. 1992, ch. 306, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,101 Application of act, exclusions.

58-25,101.
Application of act, exclusions.
The provisions of this act shall not apply to an occupancy in or operation of public housing pursuant to any federal law or regulation with which it might conflict. This act shall govern the rental of mobile home space in mobile home parks. When both the mobile home and the space used to accommodate the mobile home are rented or leased by the same landlord, the residential landlord and tenant act, K.S.A. 58-2540 et seq., and amendments thereto, rather than this act, shall apply.
History:
L. 1992, ch. 306, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,102 Jurisdiction of courts; procedure.

58-25,102.
Jurisdiction of courts; procedure.
The district court shall have jurisdiction over a landlord or tenant with respect to conduct in this state governed by this act or with respect to any claim arising from a transaction subject to this act, and notwithstanding the provisions of subsection (b) of K.S.A. 61-2802, and amendments thereto, such actions may be commenced pursuant to the code of civil procedure for limited actions. Unless otherwise specifically provided in this act, the code of civil procedure for limited actions shall govern any action commenced pursuant to this act. If the relief sought is beyond the jurisdiction of a district magistrate judge as provided in K.S.A. 20-302b, and amendments thereto, the action shall be heard by a district judge.
History:
L. 1992, ch. 306, § 4; L. 2000, ch. 161, § 108; January 1, 2001.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,103 Definitions.

58-25,103.
Definitions.
Subject to additional definitions contained in subsequent sections of this act which apply to specific sections thereof, and unless the context otherwise requires, in this act:
(a) "Building and housing codes" includes any law, ordinance or governmental rule and regulation concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any mobile home park, dwelling unit or mobile home space.
(b) "Business" includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest and any other legal or commercial entity which is a landlord, owner, manager or constructive agent pursuant to K.S.A. 58-25,109.
(c) "Dwelling unit" excludes real property used to accommodate a mobile home.
(d) "Landlord" means the owner, lessor or sublessor of a mobile home park and it also means a manager of the mobile home park who fails to disclose as required by K.S.A. 58-25,109.
(e) "Mobile home" includes manufactured homes and mobile homes as defined in subsections (a) and (b) of K.S.A. 58-4202, and amendments thereto.
(f) "Mobile home park" shall mean any site, lot, field or tract of land upon which two or more occupied mobile homes are harbored, either free of charge or for revenue purposes, and shall include any building, structure, or enclosure used or intended for use as part of the equipment of such mobile home park.
(g) "Mobile home space" means a plot of ground within a mobile home park designed for the accommodation of one mobile home.
(h) "Owner" means one or more persons, jointly or severally, in whom is vested all or part of the legal title to property or all or part of the beneficial ownership and a right to present use and enjoyment of the mobile home park. The term includes a mortgagee in possession.
(i) "Rent" means all payments to be made to the landlord under the rental agreement, other than the security deposit.
(j) "Rental agreement" means agreements, written or those implied by law, and valid rules and regulations adopted under K.S.A. 58-25,114 embodying the terms and conditions concerning the use and occupancy of a mobile home space.
(k) "Security deposit" means a deposit of money to secure performance of a mobile home space rental agreement under this act other than a deposit which is exclusively in advance payment of rent.
(l) "Tenant" means a person entitled under a rental agreement to occupy a mobile home space to the exclusion of others.
History:
L. 1992, ch. 306, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,104 Finding of unconscionability, remedies; evidence.

58-25,104.
Finding of unconscionability, remedies; evidence.
(a) If the court, as a matter of law, finds that:
(1) A rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision or limit the application of any unconscionable provision to avoid an unconscionable result.
(2) A settlement in which a party waives or agrees to forego a claim or right under this act or under a rental agreement was unconscionable at the time it was made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision or limit the application of any unconscionable provision to avoid any unconscionable result.
(b) If unconscionability is put into issue by a party or by the court upon its own motion the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or settlement to aid the court in making the determination.
History:
L. 1992, ch. 306, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,105 Terms and conditions of rental agreement; terms and conditions in absence of rental agreement; notice of tenant's rights under act.

58-25,105.
Terms and conditions of rental agreement; terms and conditions in absence of rental agreement; notice of tenant's rights under act.
(a) The landlord and tenant may include in a rental agreement terms and conditions not prohibited by this act or other rule of law including rent, term of the agreement and other provisions governing the rights and obligations of the parties.
(b) The tenant shall pay as rent the amount stated in the rental agreement. In the absence of a rental agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the mobile home space.
(c) Rent shall be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed periodic rent is payable at the beginning of any term and thereafter in equal monthly installments. Rent shall be uniformly apportionable from day to day.
(d) Rental agreements shall be a month-to-month tenancy unless otherwise specified in the rental agreement. Upon the expiration of such agreement, if a new agreement is not executed, the tenancy shall be month-to-month. Except as provided in the written rental agreement, month-to-month tenancies shall be canceled by at least 60 days' written notice given by either party.
(e) Unless otherwise agreed in writing, improvements, except a natural lawn, purchased and installed by a tenant on a mobile home space shall remain the property of the tenant even though affixed to or in the ground and may be removed or disposed of by the tenant prior to the termination of the tenancy, provided that a tenant shall leave the mobile home space in substantially the same or better condition than upon taking possession.
(f) In any rental agreement entered into between a landlord and tenant in a mobile home park where five or more mobile homes are harbored, such rental agreement shall contain a notice that specifies that the tenant has certain rights under the mobile home parks residential landlord and tenant act and copies of the act may be obtained from the landlord upon the request of the tenant.
History:
L. 1992, ch. 306, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,106 Prohibited terms and conditions.

58-25,106.
Prohibited terms and conditions.
(a) A rental agreement shall not provide that the tenant or landlord does any of the following:
(1) Agrees to waive or to forego rights or remedies under this act;
(2) authorizes any person to confess judgment on a claim arising out of the rental agreement;
(3) agrees to pay the other party's attorney fees;
(4) agrees to the exculpation or limitation of any liability of the other party arising under law or to indemnify the other party for that liability or the costs connected therewith; or
(5) agrees to a designated agent for the sale of tenant's mobile home.
(b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable.
History:
L. 1992, ch. 306, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,107 Receipt of rent subject to certain obligations.

58-25,107.
Receipt of rent subject to certain obligations.
A rental agreement, assignment, conveyance, trust deed or security instrument shall not permit the receipt of rent, unless the landlord has agreed to comply with K.S.A. 58-25,111.
History:
L. 1992, ch. 306, § 9; L. 1993, ch. 128, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,110 Delivery of possession of mobile home space; action for possession; damages.

58-25,110.
Delivery of possession of mobile home space; action for possession; damages.
At the commencement of the term the landlord shall deliver possession of the mobile home space to the tenant in compliance with the rental agreement and K.S.A. 58-25,111. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in K.S.A. 58-25,123.
History:
L. 1992, ch. 306, § 12; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,111 Duties of landlord.

58-25,111.
Duties of landlord.
(a) Except as provided in subsections (c) and (d), when prevented by an act of God, the failure of public utility services or other conditions beyond the landlord's control, the landlord shall:
(1) Comply with the requirements of all applicable city, county and state codes materially affecting health and safety which are primarily imposed upon the landlord. If the duty imposed by this paragraph is greater than any duty imposed by any other paragraph of this subsection, the landlord's duty shall be determined in accordance with the provisions of this paragraph.
(2) Make all repairs and do whatever is necessary to put and keep the mobile home space in a fit and habitable condition.
(3) Keep all common areas of the mobile home park in a clean and safe condition.
(4) Maintain in good and safe working order and condition all facilities supplied or required to be supplied by the landlord.
(5) Provide for removal of garbage, rubbish, and other waste from the mobile home park.
(6) Furnish outlets for electric, water and sewer services and provide to such outlets an adequate, safe and sanitary supply of such services.
(b) A landlord shall not impose any conditions of rental or occupancy which restrict the tenant in the choice of a seller of fuel, furnishings, goods, services or mobile homes connected with the rental or occupancy of a mobile home space unless such condition is reasonably necessary to protect the health, safety or welfare of mobile home tenants in the park. The landlord may impose reasonable requirements designed to standardize methods of utility connection and hookup. If any such conditions are imposed which result in charges for such goods or services, the charges shall not exceed the actual cost incurred in providing the tenant with such goods or services.
(c) The landlord and tenant may agree in writing that the tenant is to perform the landlord's duties specified in subsection (a)(5) and (6) and also specified repairs, maintenance tasks, alterations or remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.
(d) The landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if:
(1) The agreement of the parties is entered into in good faith, and not to evade the obligations of the landlord, and is set forth in a separate written agreement signed by the parties and supported by adequate consideration;
(2) the work is not necessary to cure noncompliance with subsection (a)(1); and
(3) the agreement does not diminish or affect the obligation of the landlord to other tenants.
History:
L. 1992, ch. 306, § 13; L. 1993, ch. 128, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,112 Conveyance by landlord or termination by manager; notice; no liability for subsequent events.

58-25,112.
Conveyance by landlord or termination by manager; notice; no liability for subsequent events.
(a) A landlord who conveys a mobile home park in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this act as to events occurring subsequent to written notice to the tenant of the conveyance.
(b) A manager of a mobile home park is relieved of liability under the rental agreement and this act as to events occurring after written notice to the tenant of the termination of the manager's management.
History:
L. 1992, ch. 306, § 14; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,113 Duties of tenant.

58-25,113.
Duties of tenant.
A tenant shall maintain the mobile home space in as good a condition as when the tenant took possession and shall:
(a) Comply with all obligations primarily imposed upon tenants by applicable provisions of city, county and state codes materially affecting health and safety.
(b) Keep that part of the mobile home park that the tenant occupies and uses reasonably clean and safe.
(c) Dispose from the tenant's mobile home space all rubbish, garbage and other waste in a clean and safe manner.
(d) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the mobile home park or knowingly permit any person to do so.
(e) Act and require other persons in the mobile home park with the tenant's consent to act in a manner that will not disturb the tenant's neighbors' peaceful enjoyment of the mobile home park.
History:
L. 1992, ch. 306, § 15; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,115 Landlord's right to access; limitations.

58-25,115.
Landlord's right to access; limitations.
(a) A landlord shall not have the right of access to a mobile home owned by a tenant without consent of the tenant unless it is an extreme hazard involving the potential loss of life or severe property damage.
(b) The landlord may enter onto the mobile home space at reasonable hours in order to inspect the mobile home space, make necessary or agreed repairs or improvements, supply necessary or agreed services or exhibit the mobile home space to prospective or actual purchasers, mortgagees, tenants, workers or contractors.
(c) The landlord shall not abuse the right of access or use it to harass the tenant.
History:
L. 1992, ch. 306, § 17; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-25,116 Tenant to occupy as a dwelling unit; authority to sublet.

58-25,116.
Tenant to occupy as a dwelling unit; authority to sublet.
The tenant shall occupy the tenant's mobile home only as a dwelling unit and may rent the mobile home to another, only upon written agreement with the park management.
History:
L. 1992, ch. 306, § 18; July 1.