Introduction
Kansas is a great place for your next real estate investment, but like any financial venture, you’ll have to do the proper research first. Success in the rental market is reliant on your ability to follow state laws in order to avoid drains on your time and money. Below are some of the most important rental laws that landlords should know when renting out property in Kansas.
Required Disclosures
In each state, landlords are legally obligated to share certain pieces of information with their tenants. Usually, this information regards warnings or facts they should know about their new home.
For instance, in Kansas, landlords must disclose in writing the name of the owner or person managing the property on their behalf.
Also, within five days of a new tenancy, landlords must create a record detailing the condition of the property with their tenant, as well as the condition of any furniture or appliances. They must also sign their copy and give it to the tenant. The inventory can be included in the rental agreement or stand alone as a separate document.
Rent and Fees
In Kansas, rent is due according to the date specified in the lease agreement. If there is no date listed, the tenant’s rent is due at the beginning of each month.
Application fees are not regulated in Kansas, so you can use your best discretion when assigning these charges. Late rent fees are also unregulated, so as long as you set a reasonable fee, you are free to charge what you deem appropriate.
Tenants who send a bounced rent check or have nonsufficient funds can be charged a fee of $30.
Lastly, tenants also have some rights under the law related to rental payments. Tenants may send a written notice detailing any material noncompliance the landlord commits that affects their health or safety. In this notice, the tenant should state that if the breach is not fixed, their lease will terminate in 30 days. Also, if the landlord doesn’t make a good faith effort to remedy the violation within 14 days, the tenant can terminate their agreement. Then, the tenant can recover damages and obtain injunctive relief for the violation.
Evictions
Kansas eviction law specifies that if a tenant has unpaid rent due, they have three days to pay what they owe or quit the premises.
In the case of a lease violation, the tenant has 14 days to cure their violation, and 30 total days to vacate the premises before the landlord can begin evictions proceedings if the violation is still not remedied.
Security Deposits
Collecting and organizing security deposits is a crucial part of being a good landlord. Always assume that you will return the tenant’s deposit in full, and when you conduct your move-out inspections, be sure to document exactly which deductions you make and how much the repair will cost. Kansas law requires that the landlord provides a written notice for any funds that have been taken out.
Kansas landlord tenant laws also say that for unfurnished units, the limit for security deposit amounts is one months’ rent, while for furnished units, to the limit is 1.5 months’ rent. Landlords can ask for an additional ½ month’s rent added to the deposit if you’re the tenant has a pet and requires a pet deposit.
Landlords are not required to pay interest on security deposits, and they must return the tenant’s deposit within 14 days of the lease’s termination if the landlord withheld funds or 30 days if they did not.
Currently, Kansas law does not require landlords to keep their deposits in a separate bank account. Prior to 2012, Kansas landlords were required to keep their deposits in a financial institution that is insured by the federal government. Although this is no longer the case, it’s still best practice to keep deposits and personal funds in separate bank accounts.
Conclusion
When crafting Kansas rental agreements, be sure to consult your state’s laws to make sure your policies are in line with what state law requires. When in doubt, ask for assistance or advice from another experienced landlord or a trusted attorney.
