reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24 - Trusts And Powers › 58-2431 Trusts for benefit of state or agency or political or governmental subdivision of state; creation; purpose; acceptance; duration.

58-2431.
Trusts for benefit of state or agency or political or governmental subdivision of state; creation; purpose; acceptance; duration.
Express trusts may be created in real or personal property, or both, or in any estate or interest in either or both, with the state, or any county, municipality, political or governmental subdivision, or governmental agency of the state as the beneficiary thereof, and the purpose thereof may be the furtherance, or the providing of funds for the furtherance, of any authorized or proper function of the said beneficiary and for any charitable, benevolent or educational purpose properly attributable to the purposes of the trust. Such trusts may be created by written instrument, or by will. In the case of written instruments, the same shall be subscribed by the grantor or grantors and duly acknowledged as conveyances of real estate are acknowledged, and before the same shall become effective the beneficial interest therein shall be accepted by the governor, if the state be the beneficiary, or by the governing body of any other beneficiary named therein, which power and authority of acceptance is hereby conferred upon the governor and upon the governing bodies of the counties, municipalities, political and governmental subdivisions, and governmental agencies of the state. Such trusts shall have duration for the term of duration of the beneficiary, or such shorter length of time as shall be specified in the instrument or will creating said trust.
History:
L. 1974, ch. 235, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24 - Trusts And Powers › 58-2432 Same; trust instruments and acceptance, recording; binding contract.

58-2432.
Same; trust instruments and acceptance, recording; binding contract.
All instruments or wills creating trusts under the provisions of this act, together with the written acceptance of the beneficial interest endorsed thereon, shall be recorded in the office of the county clerk of each county wherein is situated any real estate, or any interest therein, belonging to said trust, as well as in the county wherein is located the trust property or wherein is conducted its principal operations. Upon the acceptance of the beneficial interest by the beneficiary as hereinabove authorized and provided, the same shall be and constitute a binding contract between the state of Kansas or counties, municipalities, political or governmental subdivisions and the grantor or grantors, or the executor of the estate of the testator, for the acceptance of the beneficial interest in the trust property by the designated beneficiary and the application of the proceeds of the trust property and its operation for the purposes, and in accordance with the stipulations specified by the trustor or trustors.
History:
L. 1974, ch. 235, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24 - Trusts And Powers › 58-2433 Same; funds maintained in special account; use; use or pledging of other funds for trust purposes; lease of property necessary for execution of trust.

58-2433.
Same; funds maintained in special account; use; use or pledging of other funds for trust purposes; lease of property necessary for execution of trust.
Funds received by the beneficiary under the provisions of any trust created under the provisions of this act shall be kept and maintained in a special account or accounts and used only for the purpose of such trust and no funds of said beneficiary derived from any source whatsoever other than the trust property, or the operation thereof, shall be charged with, or expended for the execution of said trust, except by express action of the legislative authority of the beneficiary first had and no funds derived from the levy of ad valorem taxes shall be used for or pledged for the purposes or execution of such trust. The officers or any other governmental agencies or authorities having the custody, management or control of any property, real or personal or both, of the beneficiary of such trust, or of such a proposed trust, which property shall be needful for the execution of the trust purposes, hereby are authorized and empowered to lease such property for said purposes, after the acceptance of the beneficial interest therein by the beneficiary as hereinafter provided, or conditioned upon such acceptance.
History:
L. 1974, ch. 235, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24 - Trusts And Powers › 58-2434 Same; appointment, succession, powers, duties, terms and compensation of trustees.

58-2434.
Same; appointment, succession, powers, duties, terms and compensation of trustees.
The instrument or will creating such trust may provide for the appointment, succession, powers, duties, terms and compensation of the trustee or trustees; and in all such respects the terms of said instrument or will shall be controlling. If the said instrument or will makes no provision in regard to any of the foregoing, then the general laws of the state shall control as to such omission or omissions.
History:
L. 1974, ch. 235, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24 - Trusts And Powers › 58-2435 Same; property or interest subject to taxation.

58-2435.
Same; property or interest subject to taxation.
Property or interests therein held under the provisions of any trust executed under the provisions of this act shall be subject to taxation in like manner as property held in private ownership.
History:
L. 1974, ch. 235, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24 - Trusts And Powers › 58-2436 Same; payment of operation, maintenance and depreciation costs; fees and charges.

58-2436.
Same; payment of operation, maintenance and depreciation costs; fees and charges.
All instruments or wills creating trusts under the provisions of this act shall permit the collection of fees and charges for the purpose of providing for the establishment of reserve funds for the payment of operating, maintenance and depreciation costs and any outstanding obligations which may be incurred in the performance of the functions for which such trust has been created.
History:
L. 1974, ch. 235, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24 - Trusts And Powers › 58-2437 Same; trustee required to be agency of state or political or governmental subdivision; liability for acts or omissions of trustee.

58-2437.
Same; trustee required to be agency of state or political or governmental subdivision; liability for acts or omissions of trustee.
The trustee or trustees, under such an instrument or will shall be an agency of the state, county, municipality, political or governmental subdivision and the regularly constituted authority of the beneficiary for the performance of the functions for which the trust shall have been created. No trustee or state agency, county, municipality, political or governmental subdivision, as beneficiary, shall be charged personally with any liability whatsoever by reason of any act or omission committed or suffered in the performance of such trust or in the operation of the trust property; but any act, liability for any omission or obligation of a trustee or trustees, in the execution of such trust, or in the operation of the trust property, shall extend to the whole of the trust estate, or so much thereof as may be necessary to discharge such liability or obligation, and not otherwise.
History:
L. 1974, ch. 235, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24 - Trusts And Powers › 58-2438 Same; termination.

58-2438.
Same; termination.
Any such trust may be terminated by agreement of the trustee, or if there be more than one, then all of the trustees, and the governing body of the beneficiary, with the approval of the governor of the state of Kansas if such beneficiary is an agency of the state of Kansas: Provided, That such trust shall not be terminated while there exists outstanding any contractual obligations chargeable against the trust property, and no such obligation shall ever by reason of such termination, become an obligation of the beneficiary of such trust.
History:
L. 1974, ch. 235, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24a - Uniform Prudent Investor Act › 58-24a01 Prudent investor rule.

58-24a01.
Prudent investor rule.
(a) Except as otherwise provided in subsection (b), a fiduciary who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in this act.
(b) The prudent investor rule, a default rule, may be expanded, restricted, eliminated or otherwise altered by the provisions of a trust. A fiduciary is not liable to a beneficiary to the extent that the fiduciary acted in reasonable reliance on the provisions of the trust.
(c) As used in this act, "fiduciary" means a personal representative or a trustee. The term includes an executor, administrator, successor personal representative, special administrator, and a person performing substantially the same function.
History:
L. 2000, ch. 80, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24a - Uniform Prudent Investor Act › 58-24a03 Diversification.

58-24a03.
Diversification.
A fiduciary shall diversify the investments of the trust unless the fiduciary reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying.
History:
L. 2000, ch. 80, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24a - Uniform Prudent Investor Act › 58-24a04 Duties at inception of fiduciary relationship.

58-24a04.
Duties at inception of fiduciary relationship.
Within a reasonable time after entering into a fiduciary relationship or receiving trust assets, a fiduciary shall review the trust assets and make and implement decisions concerning the retention and disposition of assets, in order to bring the trust portfolio into compliance with the purposes, terms distribution requirements and other circumstances of the trust, and with the requirements of this act.
History:
L. 2000, ch. 80, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24a - Uniform Prudent Investor Act › 58-24a06 Impartiality.

58-24a06.
Impartiality.
If a trust has two or more beneficiaries, the fiduciary shall act impartially in investing and managing the trust assets, taking into account any differing interests of the beneficiaries.
History:
L. 2000, ch. 80, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24a - Uniform Prudent Investor Act › 58-24a07 Investment costs.

58-24a07.
Investment costs.
In investing and managing trust assets, a fiduciary may only incur costs that are appropriate and reasonable in relation to the assets, the purposes of the trust and the skills of the fiduciary.
History:
L. 2000, ch. 80, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24a - Uniform Prudent Investor Act › 58-24a08 Reviewing compliance.

58-24a08.
Reviewing compliance.
Compliance with the prudent investor rule is determined in light of the fact and circumstances existing at the time of a fiduciary's decision or action and not by hindsight.
History:
L. 2000, ch. 80, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24a - Uniform Prudent Investor Act › 58-24a09 Delegation of investment and management functions.

58-24a09.
Delegation of investment and management functions.
(a) A fiduciary may delegate investment and management functions that a prudent fiduciary of comparable skills could properly delegate under the circumstances. For a fiduciary to properly delegate investment functions under this subsection, the fiduciary shall:
(1) Exercise reasonable care, skill and caution in selection of the investment agent, in establishing the scope and specific terms of any delegation and in periodically reviewing the investment agent's actions in order to monitor overall performance and compliance with the scope and specific terms of the delegation;
(2) conduct an inquiry into the experience, performance history, errors and omissions coverage, professional licensing or registration, if any, and financial stability of the investment agent; and
(3) if a trust, send written notice of such trust's intention to begin delegating investment functions under this section to each beneficiary eligible to receive income from the trust on the date of the initial delegation at least 30 days before such delegation. This notice shall thereafter, until or unless each beneficiary eligible to receive income from the trust at the time are notified to the contrary, authorize the fiduciary to delegate investment functions pursuant to this section.
(b) In performing a delegated function, an investment agent shall be subject to the same standards that are applicable to the fiduciary.
(c) An investment agent shall be liable to each beneficiary of the trust and to the designated fiduciary to the same extent as if the investment agent were a designated fiduciary in relation to the exercise or nonexercise of the investment function.
(d) A fiduciary who complies with the requirements of subsection (a) is not liable to the beneficiaries or to the trust for the decisions or actions of the agent to whom the function was delegated.
(e) By accepting the delegation of a trust function from the fiduciary of a trust that is subject to the law of this state, an agent submits to the jurisdiction of the courts of this state.
History:
L. 2000, ch. 80, § 9; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24a - Uniform Prudent Investor Act › 58-24a10 Language invoking standard of act.

58-24a10.
Language invoking standard of act.
The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under this act: "Investments permissible by law for investment of trust funds," "legal investments," "authorized investments," "using the judgment and care under the circumstances then prevailing that persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital," "prudent man rule," "prudent trustee rule," "prudent person rule" and "prudent investor rule."
History:
L. 2000, ch. 80, § 11; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24a - Uniform Prudent Investor Act › 58-24a11 Application to existing trusts.

58-24a11.
Application to existing trusts.
This act applies to trusts existing on and created after the effective date of this act. As applied to trusts existing on the effective date of this act, this act governs only decisions or actions occurring after that date.
History:
L. 2000, ch. 80, § 12; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24a - Uniform Prudent Investor Act › 58-24a12 Uniformity of application and construction.

58-24a12.
Uniformity of application and construction.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among the states enacting it.
History:
L. 2000, ch. 80, § 13; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24a - Uniform Prudent Investor Act › 58-24a14 Severability.

58-24a14.
Severability.
If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History:
L. 2000, ch. 80, § 15; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24a - Uniform Prudent Investor Act › 58-24a15 Investments of conservators.

58-24a15.
Investments of conservators.
Conservators shall not invest funds under their control and management in investments other than those specifically permitted by K.S.A. 59-3078, and amendments thereto, except upon the entry of an order of a court of competent jurisdiction, after a hearing on a verified petition. Before authorizing any such investment, the court shall require evidence of value and advisability of such purchase.
History:
L. 2000, ch. 80, § 10; L. 2002, ch. 114, § 58; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24a - Uniform Prudent Investor Act › 58-24a16 Investments by fiduciaries in certain corporations and organizations.

58-24a16. Investments by fiduciaries in certain corporations and organizations.
(a) Administrators, executors, conservators, trustees, insurance companies and other financial institutions, charitable, educational, eleemosynary corporations and organizations are authorized, in addition to investments now authorized by law, to invest funds which they are authorized by law to invest, in shares or savings deposits of federally insured savings and loan associations or federally chartered savings banks with main or branch offices, as defined in K.S.A. 12-1675a, and amendments thereto, in the state of Kansas and in credit unions which are, in whole or in part, insured with an insurer or guarantee corporation as required under K.S.A. 17-2246, and amendments thereto, and such investment shall be deemed and held to be legal investments for such funds.
(b) The governing body of any municipal corporation or quasi-municipal corporation, county, township, school district, area vocational-technical school, community college, firemen's relief association, community mental health center, community facility for people with intellectual disability or any other governmental entity, unit or division in the state of Kansas having authority to receive, hold and expend public moneys or funds may invest the same subject to and as provided by K.S.A. 9-1401, 9-1402, 9-1405, 9-1407, 12-1675 and 12-1676, and amendments thereto.
History:
L. 2001, ch. 75, § 1; L. 2012, ch. 91, § 35; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24a - Uniform Prudent Investor Act › 58-24a17 Investments by fiduciaries in certain loans.

58-24a17.
Investments by fiduciaries in certain loans.
In addition to all other authority now provided by law for the investment of funds by executors, administrators, conservators, trustees or other fiduciaries, all executors, administrators, conservators, trustees or other fiduciaries may legally invest fiduciary or trust funds in any loan which has insurance or guaranty under the servicemen's readjustment act of 1944 as from time to time in force, or as to which a commitment for any such insurance or guaranty has been made without regard to the limitations, restrictions and requirements of any other statutes, or of any rules of law respecting investments by executors, administrators, conservators, trustees or other fiduciaries.
History:
L. 2001, ch. 75, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24a - Uniform Prudent Investor Act › 58-24a18 Standards for investments by fiduciaries; deviation from instrument or court order not authorized; in investment company or trust.

58-24a18.
Standards for investments by fiduciaries; deviation from instrument or court order not authorized; in investment company or trust.
Nothing contained in K.S.A. 58-24a01, et seq., and amendments thereto, shall be construed as authorizing any departure from, or variation of, the express terms or limitations set forth in any will, agreement, court order or other instrument creating or defining the fiduciary's duties and powers, but:
(a) Whenever any will, agreement, court order or other instrument creating or defining the fiduciary's duties and powers, directs, requires, authorizes or permits the fiduciary to invest in securities of a certain kind or class, the fiduciary, in the absence of an express provision to the contrary, may buy, hold and sell such securities either directly or in the form of shares of or other interests in any open-end or closed-end management type investment company or investment trust registered under the investment company act of 1940, or any common trust fund of a state or national bank or trust company as authorized by K.S.A. 9-1609, and amendments thereto, if the portfolio of such investment company, investment trust or common trust fund is limited to securities of the designated kind or class and to repurchase agreements fully collateralized by such securities.
(b) The fact that such bank or trust company or an affiliate of the bank or trust company provides services to the investment company or investment trust such as that of an investment advisor, custodian, transfer agent, registrar, sponsor, distributor, manager or otherwise and is receiving reasonable remuneration for those services, shall not preclude such bank or trust company from investing or reinvesting in the securities of an open-end or closed-end management investment company or investment trust registered under the investment company act of 1940 (15 U.S.C. section 80a-1 et seq.) as amended.
With respect to any fiduciary account funds so invested, the bank or trust company or an affiliate of the bank or trust company shall conspicuously disclose by statement, prospectus, or otherwise to all current income beneficiaries of a fiduciary account the rate, formula or other method by which the remuneration for those services, provided to the investment company or investment trust, is determined. The investment into such investment company or investment trust must be in the best interest of the beneficiary of the fiduciary account, must meet the prudent investor standard, as defined in K.S.A. 58-24a02, and amendments thereto, and the total amount of all fees, charges and compensation derived from the fiduciary account, and remuneration for services provided to the investment company or investment trust, by the bank or trust company or an affiliate of the bank or trust company shall be reasonable.
History:
L. 2001, ch. 75, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 24a - Uniform Prudent Investor Act › 58-24a19 Same; court's power to permit deviation not restricted.

58-24a19.
Same; court's power to permit deviation not restricted.
Nothing contained in K.S.A. 58-24a01, et seq., and amendments thereto, shall be construed as restricting the power of a court of proper jurisdiction to permit a fiduciary to deviate from the terms of any will, agreement, or other instrument relating to the acquisition, investment, reinvestment, exchange, retention, sale or management of fiduciary property.
History:
L. 2001, ch. 75, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2501 Tenants at will; terms of lease in certain cases.

58-2501.
Tenants at will; terms of lease in certain cases.
Any person in the possession of real property with the assent of the owner is presumed to be a tenant at will, unless the contrary is shown except as herein otherwise provided. Where a landlord is renting farms in large numbers and a total acreage in excess of five thousand acres, and has tenants in excess of ten or more, and by the lease requires such tenants to erect or own and maintain substantially all of the buildings and improvements on the farm, such lease shall contain just and fair provisions for the free sale and transfer of such buildings and improvements, or the purchase thereof by the landlord, without requiring the tenant to remove the same from the land.
History: G.S. 1868, ch. 55, § 1; R.S. 1923, 67-501; L. 1925, ch. 208, § 1; May 28.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2501a When tenant may remove buildings and improvements.

58-2501a.
When tenant may remove buildings and improvements.
Where the tenant in possession of farm lands under lease, with the owner as provided in K.S.A. 58-2501 owns substantially all the improvements on the land, the tenant may transfer his or her term and improvements without the consent of the landlord, and any provisions in the lease prohibiting such transfer or requiring the tenant or the tenant's assignee to remove such buildings or improvements, that does not require the landlord or the new tenant to pay the owner thereof the fair value of the improvements to the land at the time of the expiration of the lease, shall be void.
History:
L. 1925, ch. 208, § 2; May 28.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2502 Tenants from year to year.

58-2502.
Tenants from year to year.
When premises are let for one or more years, and the tenant with the assent of the landlord continues to occupy the premises after the expiration of the term, such tenant shall be deemed to be a tenant from year to year.
History:
G.S. 1868, ch. 55, § 2; October 31; R.S. 1923, 67-502.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2503 Rent payable at intervals.

58-2503.
Rent payable at intervals.
When rent is reserved payable at intervals of three months or less, the tenant shall be deemed to hold from one period to another equal to the interval between the days of payment, unless there is an express contract to the contrary.
History:
G.S. 1868, ch. 55, § 3; October 31; R.S. 1923, 67-503.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2504 Termination of tenancy at will; notice.

58-2504.
Termination of tenancy at will; notice.
Thirty days' notice in writing is necessary to be given by either party before he or she can terminate a tenancy at will, or from one period to another of three months or less; but where in any case rent is reserved payable at intervals of less than thirty days, the length of notice need not be greater than such interval between the days of payment: Provided, however, That when premises are furnished or let by an employer to an employee, said tenancy shall cease and determine ten days after written notice to vacate: Provided further, That not more than fifteen (15) days' notice in writing by a tenant shall be necessary to terminate any tenancy as described in this section of persons in the military service of the United States in which the termination of tenancy is necessitated by military orders.
History:
G.S. 1868, ch. 55, § 4; L. 1919, ch. 223, § 1; R.S. 1923, 67-504; L. 1967, ch. 305, § 1; L. 1973, ch. 223, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2505 Termination of tenancy from year-to-year; notice.

58-2505.
Termination of tenancy from year-to-year; notice.
All tenancies from year to year, other than farm tenancies from year-to-year, may be terminated by at least thirty days' notice in writing, given to the tenant prior to the expiration of the year.
History:
G.S. 1868, ch. 55, § 5; L. 1905, ch. 281, § 1; R.S. 1923, 67-505; L. 1978, ch. 215, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2506 Termination of farm or pastureland tenancy; notice.

58-2506.
Termination of farm or pastureland tenancy; notice.
(a) Except as may be otherwise provided by this section or by a written lease signed by the parties thereto, in cases of tenants occupying and cultivating farms or occupying or leasing pastureland, the notice to terminate such a farm or pastureland tenancy must be given in writing at least 30 days prior to March 1 and must fix the termination of the tenancy to take place on March 1. For purposes of this act, "pastureland" means land used for livestock grazing or hay production, or both, which includes perennial vegetation, including, but not limited to, native vegetation, grass-like plants, forbs, shrubs, savannas, shrublands, marshes and meadows.
(b) When a notice of termination is given pursuant to subsection (a) after a fall seeded grain crop has been planted, as to that part of the farm which is planted to a fall seeded grain crop on cropland which has been prepared in conformance with normal practices in the area, the notice shall be construed as fixing the termination of the tenancy of such portion to take place on the day following the last day of harvesting such crop or crops, or August 1, whichever comes first.
(c) When a notice of termination is given pursuant to subsection (a) after the 30th day preceding March 1 and prior to the planting of a fall seeded grain crop on cropland which has been prepared in conformance with normal practices in the area, in any year in which a fall seeded grain crop has been or will be harvested, the notice shall be construed as fixing the termination of the tenancy of that part of the farm devoted to fall seeded grain crops on the day following the last day of harvesting such crop or crops in the succeeding year or August 1 of such succeeding year, whichever comes first.
(d) Subject to the provisions of this section, a farm or pastureland tenant becomes a tenant from year-to-year by occupying the premises after the expiration of the term fixed in a written lease, in which case the notice of termination of tenancy must fix the termination of tenancy to take place on the same day of the same month following the service of the notice as the day and month of termination fixed in the original lease under which the tenant first occupied the premises. Such notice shall be written and given to the tenant at least 30 days prior to such termination date.
History: G.S. 1868, ch. 55, § 6; L. 1919, ch. 224, § 1; R.S. 1923, 67-506; L. 1975, ch. 294, § 1; L. 1978, ch. 215, § 2; L. 1979, ch. 175, § 1; L. 1981, ch. 225, § 1; L. 2002, ch. 81, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2506a Termination of farm tenancies; landlord's liability for certain substances and services provided by tenant.

58-2506a.
Termination of farm tenancies; landlord's liability for certain substances and services provided by tenant.
(a) When a notice of termination is given by the landlord pursuant to subsection (a) or (d) of K.S.A. 58-2506 and amendments thereto, and the tenant prior to receiving such notice has (1) performed customary tillage practices or has applied or furnished fertilizers, herbicides or pest control substances and (2) has not planted the ground, the landlord shall pay the tenant the fair and reasonable value of the services furnished and the fertilizers, herbicides or pest control substances furnished.
(b) Where a farm tenancy is terminated by the landlord on March 1 pursuant to subsection (a) of K.S.A. 58-2506 and amendments thereto, and the tenant planted and obtained a satisfactory stand of alfalfa the preceding fall, the landlord shall pay the tenant the fair and reasonable value of all services performed in preparing and planting the alfalfa and for all of the tenant's expenditures for seed, fertilizer, herbicide or pest control substances.
History:
L. 1978, ch. 215, § 3; L. 1985, ch. 186, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2507 Termination of lease for three months or longer; notice; effect of payment of rent.

58-2507.
Termination of lease for three months or longer; notice; effect of payment of rent.
If a tenant for a period of three months or longer neglect or refuse to pay rent when due, ten days' notice in writing to quit shall determine the lease, unless such rent be paid before the expiration of said ten days.
History:
G.S. 1868, ch. 55, § 7; October 31; R.S. 1923, 67-507.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2508 Termination of tenancy of less than three months for nonpayment of rent; notice.

58-2508.
Termination of tenancy of less than three months for nonpayment of rent; notice.
If a tenant for a period of less than three months shall neglect or refuse to pay rent when due, three days' notice in writing to quit shall determine the same, unless such rent be paid before the expiration of said three days.
History:
G.S. 1868, ch. 55, § 8; L. 1905, ch. 280, § 1; March 4; R.S. 1923, 67-508.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2509 Notice to quit not necessary, when.

58-2509.
Notice to quit not necessary, when.
Where the time for the termination of a tenancy is specified in the contract, or where a tenant at will commits waste, or in the case of a tenant by sufferance, and in any case where the relation of landlord and tenant does not exist, no notice to quit shall be necessary.
History:
G.S. 1868, ch. 55, § 9; October 31; R.S. 1923, 67-509.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2510 Service of notice of termination of lease or tenancy.

58-2510.
Service of notice of termination of lease or tenancy.
Notice as required in the preceding sections may be served on the tenant, or, if the tenant cannot be found, by leaving a copy thereof at the tenant's usual place of residence, or by delivering a copy thereof to some person over 12 years of age residing on the premises, or, if no person is found upon the premises, by posting a copy of the notice in a conspicuous place thereon, or by registered mail, registered mail return receipt requested, or certified mail, return receipt requested, addressed to the tenant at the tenant's usual place of residence. Proof of service by registered mail may be by the affidavit of the person mailing such notice or by the return receipt. Proof of service by certified mail may be by the return receipt.
History:
G.S. 1868, ch. 55, § 10; L. 1905, ch. 280, § 2; R.S. 1923, 67-510; L. 1951, ch. 372, § 1; L. 1982, ch. 230, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2511 Assignment or transfer by tenant, when.

58-2511.
Assignment or transfer by tenant, when.
No tenant for a term not exceeding two years, or at will, or by sufferance, shall assign or transfer his or her term or interest or any part thereof to another without the written consent of the landlord or person holding under the landlord.
History:
G.S. 1868, ch. 55, § 11; October 31; R.S. 1923, 67-511.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2512 Same; re-entry upon violation of K.S.A. 58-2511.

58-2512.
Same; re-entry upon violation of K.S.A. 58-2511.
If any tenant shall violate the provisions of the preceding section, the landlord or person holding under the landlord, after giving ten days' notice to quit possession, shall have a right to re-enter the premises and take possession thereof and dispossess the tenant, subtenant or undertenant.
History:
G.S. 1868, ch. 55, § 12; October 31; R.S. 1923, 67-512.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2513 Attornment of tenant unnecessary; payment of rent.

58-2513.
Attornment of tenant unnecessary; payment of rent.
A conveyance of real estate or of any interest therein by a landlord shall be valid without the attornment of the tenant; but the payment of rent by the tenant to the grantor at any time before notice of sale given to said tenant shall be good against the grantee.
History:
G.S. 1868, ch. 55, § 13; October 31; R.S. 1923, 67-513.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2514 Attornment of tenant to stranger void, when.

58-2514.
Attornment of tenant to stranger void, when.
The attornment of a tenant to a stranger shall be void, and shall not affect the possession of his or her landlord unless it be made with the consent of the landlord, or pursuant to a judgment at law or the order or decree of a court.
History:
G.S. 1868, ch. 55, § 14; October 31; R.S. 1923, 67-514.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2515 Remedies of sublessees.

58-2515.
Remedies of sublessees.
Sublessees shall have the same remedy upon the original covenant against the principal landlord as they might have had against their immediate lessor.
History:
G.S. 1868, ch. 55, § 15; October 31; R.S. 1923, 67-515.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2516 Remedies of alienees of lessors and lessees.

58-2516.
Remedies of alienees of lessors and lessees.
Alienees of lessors and lessees of land shall have the same legal remedies in relation to such land as their principal.
History:
G.S. 1868, ch. 55, § 16; October 31; R.S. 1923, 67-516.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2517 Rents from lands granted for life.

58-2517.
Rents from lands granted for life.
Rents from lands granted for life or lives may be recovered as other rents.
History:
G.S. 1868, ch. 55, § 17; October 31; R.S. 1923, 67-517.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2518 Recovery of rents dependent on life of another.

58-2518.
Recovery of rents dependent on life of another.
A person entitled to rents dependent on the life of another may recover arrears unpaid at the death of that other.
History:
G.S. 1868, ch. 55, § 18; October 31; R.S. 1923, 67-518.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2519 Executors and administrators, remedies and liabilities.

58-2519.
Executors and administrators, remedies and liabilities.
Executors and administrators shall have the same remedies to recover rents, and be subject to the same liabilities to pay them, as their testators and intestates.
History:
G.S. 1868, ch. 55, § 19; October 31; R.S. 1923, 67-519.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2520 Occupant without special contract.

58-2520.
Occupant without special contract.
The occupant without special contract, of any lands, shall be liable for the rent to any person entitled thereto.
History:
G.S. 1868, ch. 55, § 20; October 31; R.S. 1923, 67-520.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2521 Repairs and improvements by cotenant.

58-2521.
Repairs and improvements by cotenant.
If a joint tenant, or tenant in common, or tenant in coparcenary, have by consent management of the estate, and make repairs and improvements with the knowledge and without objection of his or her cotenant or coparcener, such cotenant or coparcener shall contribute ratably thereto.
History:
G.S. 1868, ch. 55, § 21; October 31; R.S. 1923, 67-521.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2522 Recovery by cotenant of rents and profits.

58-2522.
Recovery by cotenant of rents and profits.
A joint tenant, or tenant in common, or tenant in coparcenary, may maintain an action against his or her cotenant or coparcener or their personal representatives, for receiving more than his or her just proportion of the rents and profits.
History:
G.S. 1868, ch. 55, § 22; October 31; R.S. 1923, 67-522.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2523 Action by remainderman or reversioner for waste or trespass.

58-2523.
Action by remainderman or reversioner for waste or trespass.
A person seized of an estate in remainder or reversion may maintain an action for waste or trespass for injury to the inheritance, notwithstanding an intervening estate for life or years.
History:
G.S. 1868, ch. 55, § 23; October 31; R.S. 1923, 67-523.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2524 Rent as lien on crop.

58-2524.
Rent as lien on crop.
Any rent due for farming land shall be a lien on the crop growing or made on the premises. Such lien may be enforced by action and attachment therein, as hereinafter provided.
History:
G.S. 1868, ch. 55, § 24; October 31; R.S. 1923, 67-524.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2525 Same; lessor's remedies when rent payable in share of crop.

58-2525.
Same; lessor's remedies when rent payable in share of crop.
When any such rent is payable in a share or certain proportion of the crop, the lessor shall be deemed the owner of such share or proportion, and may, if the tenant refuse to deliver the lessor such share or proportion, enter upon the land and take possession of the same, or obtain possession thereof by action of replevin.
History:
G.S. 1868, ch. 55, § 25; October 31; R.S. 1923, 67-525.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2526 Recovery of rent from purchaser of crop.

58-2526.
Recovery of rent from purchaser of crop.
The person entitled to the rent may recover from the purchaser of the crop, or any part thereof, with notice of the lien the value of the crop purchased, to the extent of the rent due and damages.
History:
G.S. 1868, ch. 55, § 26; October 31; R.S. 1923, 67-526.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2527 Attachment for nonpayment of rent; grounds; affidavit and bond.

58-2527.
Attachment for nonpayment of rent; grounds; affidavit and bond.
When any person who shall be liable to pay rent (whether the same be due or not, if it be due within one year thereafter, and whether the same be payable in money or other things) intends to remove, or is removing, or has within thirty days removed his or her property, or the crops, or any part thereof, from the leased premises, the person to whom the rent is owing may commence an action in the court having jurisdiction; and upon making an affidavit stating the amount of rent for which such person is liable, and one or more of the above facts, and executing an undertaking as in other cases, an attachment shall issue in the same manner and with the like effect as is provided by law in other actions.
History:
G.S. 1868, ch. 55, § 27; October 31; R.S. 1923, 67-527.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2528 Same; contents of affidavit; proceedings.

58-2528.
Same; contents of affidavit; proceedings.
In an action to enforce a lien on crops for rent of farming lands, the affidavit for an attachment shall state that there is due from the defendant to the plaintiff a certain sum, naming it, for rent of farming lands, describing the same, and that the plaintiff claims a lien on the crop made on such land. Upon making and filing such affidavit and executing an undertaking as prescribed in the preceding section, an order of attachment shall issue as in other cases, and shall be levied on such crop, or so much thereof as may be necessary; and all other proceedings in such attachment shall be the same as in other actions.
History:
G.S. 1868, ch. 55, § 28; October 31; R.S. 1923, 67-528.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2530 Tenant may waive exemptions.

58-2530.
Tenant may waive exemptions.
A tenant may waive, in writing, the benefit of the exemption laws of this state for all debts contracted for rents.
History:
G.S. 1868, ch. 55, § 30; October 31; R.S. 1923, 67-530.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2532 Terms of such contracts variant from approved rental agreements.

58-2532.
Terms of such contracts variant from approved rental agreements.
The foregoing lease conditions and requirements are variant from the ordinary and generally used and approved rental agreements between landlord and tenant in the particulars above mentioned, are harsh, burdensome, oppressive and extortionate in their terms, and are entered into by necessitous persons only because of the scarcity of other rental lands. On account of the pledge of lien by the tenant to the landlord of the tenant's crops, teams, and all his or her other property the tenant is deprived of credit with merchants and banks for the purchase of the comforts and conveniences of ordinary farm life, his or her children deprived of educational advantages, and himself or herself and family kept impoverished in condition and estate.
History:
L. 1933, ch. 233, § 2; June 5.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2533 Such lease contracts against public policy and unenforceable; tenants to pay fair and reasonable sums.

58-2533.
Such lease contracts against public policy and unenforceable; tenants to pay fair and reasonable sums.
Lease agreements containing all of the burdensome requirements heretofore recited are hereby declared to be against the public policy of the state, illegal and unenforceable, and the tenants subscribing to the same obligated to pay under said leases as rents for the lands only fair and reasonable sums with an accord of lien only on the total crops grown on the leased land and on the total of the livestock raised on share or lease, and on the total receipts or returns from pasture received by the tenants including an accord of lien on the tenants' livestock sufficient to pay pasturage on the tenants' livestock on the landlords' land.
History:
L. 1933, ch. 233, § 3; June 5.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2541 Arrangements not subject to act.

58-2541.
Arrangements not subject to act.
Unless created to avoid the application of this act, the following arrangements are not governed by this act:
(a) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service;
(b) occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the purchaser's interest;
(c) occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
(d) transient occupancy in a hotel, motel or rooming house;
(e) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises;
(f) occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; and
(g) occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.
History:
L. 1975, ch. 290, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 25 - Landlords And Tenants › 58-2542 Jurisdiction of courts; procedure.

58-2542.
Jurisdiction of courts; procedure.
The district court shall have jurisdiction over any landlord or tenant with respect to any 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.
History:
L. 1975, ch. 290, § 3; L. 1976, ch. 240, § 1; L. 1976, ch. 151, § 7; L. 2000, ch. 161, § 106; January 1, 2001.