Kansas Rental Lease Agreements
The Kansas Rental Lease Agreements are contracts based on state laws that concern all matters pertaining to the lease of a residential property. Generally speaking, each agreement will, at minimum, clearly list obligations both landlords and tenants must abide by relating to the matters of the rent, evictions, the lease term, and which party is responsible for all or a portion of the utilities.
While the state regulates certain aspects of landlord-tenant relationships, both parties should take measures to protect themselves, such as being aware of any recent modifications made to state or federal law about residential leases.
Types of Agreements
Commercial Lease Agreement – Sets out conditions for a property to be leased to a commercial company for a business-related purpose.
Commercial Lease Agreement (Triple Net) – Binds a tenant and property owner/manager into a contract over the leasing of a property to be used for business-purposes only; tenant is required to pay all costs associated with the property.
Lease to Own Agreement – A particular type of rental agreement that offers a legal avenue for a tenant to buy their property from the landlord.
Month-to-Month Lease – A periodic tenancy which allows for a tenant to rent out a property by the month, instead of by the year.
Roommate Agreement – This agreement should be used in order for all roommates in a leased property to not only get along, but fulfill set obligations.
Standard Residential Lease Agreement – Based on Kansas state law, this document makes the process of leasing a property as straightforward as possible.
Sublease Agreement – Formalizes the arrangement for a third party to take over part or all of the original tenant’s lease.
What is a Kansas Lease Agreement?
A Kansas Lease Agreement is a legal form that is drafted by a landlord who seeks to lease their property and a tenant who wishes to reside in it. As each state has their own set of landlord-tenant laws, it is vital that landlords and tenants use a contract that reflects the particular state laws of Kansas. Landlords should consider asking tenants to fill out a rental application so they can have a better understanding of who the prospective tenants are.
State Definition (§ 58-2543) – “means all agreements, written or oral, and valid rules and regulations adopted under K.S.A. 58-2556 and amendments thereto, embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premise.”
When is Rent Due?
In accordance with § 58-2545(c), rent is due in line with any prior arrangements made by both parties. Typically, rent will be payable at the start of the month place of the rental unit in uniform monthly installments. Periodic rent for terms of one (1) month or less is due at the commencement of the month.
Emergency (§58-2557(b)): Consent is not required from tenants to enter a rental property in the case of “an extreme hazard involving the potential loss of life or severe property damage.”
Non-Emergency (§58-2557): Landlords have the right to enter during “reasonable hours, after reasonable notice to the tenant” for a number of reasons including inspecting the premises, making repairs, decorations, alterations or improvements, and supplying necessary or agreed services.
- Lead Paint Disclosure: When a landlord plans to lease a property built before 1978, they must give proper warning to tenants of any lead paint hazards they are aware of. Further to this, they must give them a government-issued pamphlet on the topic.
- Move-in Checklist (§ 58-2548): Both the landlord and tenant must jointly inventory the premises within the first five (5) days of the tenancy. The tenant must be given a copy of the inventory, of which provides a “written record detailing the condition of the premises and any furnishings or appliances.”
- Names and Addresses (§ 58-2551): The landlord (or party authorized to act on their behalf) must ensure they communicate, via a written document, their name and address to the tenant in writing prior to the tenancy’s start date.
Security Deposit Laws
Maximum Amount (§ 58-2550(a)): Kansas state law dictates two (2) different maximum deposit amounts depending on whether the rental unit is furnished or unfurnished. For unfurnished properties, the amount may not exceed one (1) month’s periodic rent. In the case of furnished properties, the landlord may demand and receive a security deposit at a cap of 1 and a half (1.5) month’s rent. If pets are allowed in the rental property, the landlord can demand tenants pay an additional security deposit capped at half of one (0.5) month’s rent.
Returning to Tenant (§ 58-2550(b)): The landlord must return the deposit within fourteen (14) days after the determination of the amount that will be returned, with any expenses, damages, or other charges that will be deducted from the full amount detailed in a written notice delivered to the tenant. In cases where the tenant does not make any demand for the deposit, the period of returning the deposit must not exceed thirty (30) days after termination of the tenancy, delivery of possession, and demand by the tenant. In such cases, the landlord must mail the portion of the security deposit due to the tenant to their last known address.