TENANTS HANDBOOK !! THB

Preview ! THB Leapfrog Lawn Mower Manuals - Lawn Mower Manuals – The Best Lawn Mower Manuals Collection

User Manual: !! Leapfrog Lawn Mower Manuals - Lawn Mower Manuals – The Best Lawn Mower Manuals Collection

Open the PDF directly: View PDF .
Page Count: 41

1

KANSAS

TENANTS

HANDBOOK

Written and Produced by

HOUSING & CREDIT COUNSELING, INC.

1195 Buchanan, Suite 101

Topeka, Kansas 66604

2

FOREWORD

As we celebrate the 30th Anniversary of Housing and Credit Counseling, Inc., we are proud to bring you

the 5th Revision to the fourth edition of our Kansas Tenants Handbook. In addition to making a few

clarifications and updates in the text, we have also included new information in response to frequently

asked questions and changes in local, state and federal laws. Look for:

♦More categories of subsidized rental housing

♦Performing cleaning, maintenance and repairs in lieu of paying a security deposit

♦Impact on a current lease agreement when the property in which a tenant resides is sold

♦Prohibited lease provisions providing for automatic forfeit of security deposit for ending a lease early

♦Guests, and when guests stay

♦Expanding our list of cities that have adopted housing codes to include Dodge City, Emporia,

Hutchinson and Ottawa

♦Language that must be included in paperwork provided by a landlord that serves as notice to vacate

♦More discussion on crime-free and drug-free housing

♦Resources for obtaining the most current information about mold contamination

♦Finding the person who will accept legal papers for a corporation in a small claims suit or other legal action

♦Resources for obtaining current information regarding tenant organizations and organizing

Many people assisted with our revisions to this handbook as well as our Kansas Landlords Handbook.

We especially would like to thank...

Outside of HCCI: Marilyn Harp, Regional Director, Kansas Legal Services; Kansas Bar Association Legal Aid

and Referral Committee; James Dunn and Robert Ebey, President and Vice President, Landlords of

Lawrence, Inc.; Patrick Delapp, Shawnee County Landlords Association, Inc.; Sandy Watson, Landlords

Incorporated of Kansas City, Kansas; Richard Jackson, ECKAN of Ottawa, Kansas; Matthew Brady, Dodge

City Housing Authority; Mike Gurnee, City Planner, Dodge City, Kansas

Housing and Credit Counseling, Inc. Staff: Dee Daniels, Debbie Eubanks, Lee Geary, Brandy Holmes,

Louise Kirkpatrick, Curtis Brown and especially Cornell Mayfield and Jonell Passariello

Special Thanks: A special thanks to the Kansas Bar Association, Topeka, Kansas, for contributing the

printing of this handbook. In particular, thanks to Btissam Touijer, Public Services Director, for handling all

of the arrangements.

We hope this Handbook continues to be as useful to you, and the people with whom you share it, as our

previous publications have been.

Enjoy!

Karen A. Hiller

Executive Director & Author

Housing and Credit Counseling, Inc.

December 2003

Copyright 1985, 1990, 1994, 1996, 1999, 2003

Housing and Credit Counseling, inc.

1195 Buchanan, Suite 101, Topeka, kansas 66604

Material in this book is dated. If your Kansas Tenants Handbook is very old, you may want to double-

check your information with an attorney or local housing counseling center or contact Housing and Credit

Counseling, Inc. for information about a new publication.

3

TABLE OF CONTENTS

Page

Definitions ........................................................................................................ 4

Chapters

Before You Rent....................................................................................... 5

Low Rent Housing .................................................................................... 9

Private Housing ..................................................................................... 13

Security Deposits ............................................................................. 13

Leases ............................................................................................ 15

Rules and Regulations ...................................................................... 16

Move-In Checklists ........................................................................... 16

Rent and Late Fees .......................................................................... 17

Landlord Responsibilities .................................................................. 18

Landlord Entry ................................................................................. 22

Tenant Responsibilities ..................................................................... 23

Terminating the Tenancy ................................................................... 24

Discrimination ....................................................................................... 29

Small Claims Court ................................................................................. 33

Tenant Organizations ............................................................................. 37

Highlights

Renter’s Insurance ................................................................................... 8

Worksheet For Computing Public Housing and Section 8 Rents .................... 10

To Locate Low-Rent Housing ................................................................... 12

Examples From Topeka’s Housing Code ..................................................... 20

Housing Codes....................................................................................... 21

Lead-Based Paint Regulations ................................................................. 21

Mold Contamination ............................................................................... 22

Mobile Home Parks ................................................................................. 28

Civil Rights Commissions ........................................................................ 30

How to Shop for An Attorney ................................................................... 32

Legal References ................................................................................... 38

4

DEFINITIONS

The text of this book has been prepared in accordance with the Kansas Residential Landlord and

Tenant Act. Under that Act in K.S.A. 58-2543:

TENANT is defined as “a person entitled under a rental agreement to occupy a dwelling unit

to the exclusion of others.”

LANDLORD is defined as “the owner, lessor, or sublessor of the dwelling unit, or the building

of which it is a part,” and it also means a manager of the premises who fails to disclose as

required by K.S.A. 58-2551.

OWNER is defined as “one (1) or more persons, jointly or severally, in whom is vested:

(1) all or part of the legal title to property; or (2) all or part of the beneficial ownership

and a right to prevent use and enjoyment of the premises; and such term includes a

mortgagee in possession.”

PERSON “includes an individual or organization.”

ORGANIZATION “includes a corporation, government, governmental subdivision or

agency, business trust, estate, trust, partnership or an association, two (2) or more

persons having a joint or common interest, and any other legal or commercial entity.”

The following relationships are not governed by the Act:

COMMERCIAL rental agreements are not covered.

“Unless created to avoid application of this Act, the following relationships 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 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.” (K.S.A. 58-2541)

The definition of “dwelling unit” says that it “… shall not include REAL PROPERTY USED TO

ACCOMMODATE A MOBILE HOME unless such mobile home is rented or leased by the land-

lord.” Refer to K.S.A. 58-25,100 through 58-25,126 for detailed statutes regarding mobile

homes.

5

BEFORE YOU RENT

So, you’ve decided to rent. LOOK BEFORE

YOU LEAP! What you do before you put any

money down or sign any paper could be more

valuable than anything you do after you enter

into a new rental relationship. TAKE YOUR

TIME AND BE THOROUGH!

WHAT DO YOU NEED?

It goes without saying that people have to

balance what they need vs. what’s available.

When you start looking for a place, hopefully

you’ve asked yourself (and answered) the

following questions:

A. Where? Is the place quiet enough? Is it

too quiet? Will I be close enough to work?

Church? Is it near a bus line? Stores? Do I feel

safe there? If I have a family, is it close to

schools? Play space and recreation?

B. Does it match who I am? If I’m elderly,

does it have too many steps? If I am young

and entertain a lot, will I be able to do it? Can

I plant a garden? If I like to work on my car,

can I? Is there a garage or off-street parking?

Can I have a pet? Take the time to think

about your needs and wants before you

start looking.

C. How much does it cost? It’s generally

recommended that you should not spend

more than 25% to 35% of your monthly

income on rent and utilities. For people on

limited incomes, this is often very hard to do.

Things that are important to consider include

what utilities you will be responsible for and

whether there are other costs you’ll need to

figure in. Your landlord or your local utility

companies should be able to tell you what

utility usage and costs have been for the past

couple of years. Are you responsible for cut-

ting the lawn? If you are, and the landlord

won’t provide the mower, maybe you’ll have

to pay somebody to do it. You may have

move-in expenses such as utility deposits,

truck rental and furniture and drapery pur-

chases. Sometimes two people decide to

rent a place together. You both should be

sure of what happens if one of you decides

to move out! You may be stuck paying

everything if your roommate moves and you

can’t find someone else to share the cost.

D. How long do I want to live there? This

question comes up when it’s time to decide

on a lease. If you think you might be mov-

ing, getting married or getting divorced, or if

there is any uncertainty in your life which

might make for a questionable length of

stay, think twice about signing a long-term

lease. You may want a written agreement

but on a month-to-month basis. Everyone

should check to see what provision there

is for breaking a lease, if the need arises.

Don’t just accept a verbal promise of, “We

could work it out if something would hap-

pen.” Know what it is, and have it in writing.

FINDING A PLACE

Once you’ve answered all these questions,

it’s time to find a place. The most common

way is to check the newspaper. Sometimes

people post notices on public bulletin boards

in stores and laundromats. Real estate

companies often manage apartments; you

can call the ones listed in your phone book

and ask them. If there’s a neighborhood you

particularly want to live in, it may be worth-

while to drive through it and see if there are

any “For Rent” signs. If you see a place that

looks vacant, but there’s no sign, you can check

with the County Clerk to see who pays the taxes

at that address and then contact them directly.

In some neighborhoods or communities, hous-

ing is very scarce. Plan ahead and let people

know you’re looking well in advance. Housing is

often rented by word of mouth.

FORFOR

FORFOR

FOR

RENTRENT

RENTRENT

RENT

6

Be wary if a place is for sale. Check out

whether it is likely to remain a rental after

sale. Be extra careful by having arrangements

for showing the property to potential buyers in

writing. If someone promises to take a prop-

erty off the market because you have moved

in, get that in writing too.

Look around and try to find what you want.

Don’t just settle on a place because you’re out

of time. You may regret it later.

CHECKING IT OUT

(1) Check the hallways and stairs. Are they

lit at night? Are stairs wobbly or broken? Will

you feel secure passing through the halls at night?

(2) Check the locks on the doors. If there

are no dead-bolt locks, you might want to

request they be installed. What about fire exits?

(3) Check the plumbing, including pipes

around any radiators. Are there any leaks?

Test everything. Run the hot and cold water in

all sinks, bathtubs and showers. Flush the

toilet. Examine all fixtures in the bathroom for

leaks. Does the water drain freely? Is the hot

water hot? How long did it take to get hot?

(Doing this might make you feel kind of silly,

but when do you want to find out, now or later?)

(4) Check the electrical wiring. Look for

exposed wires and frayed wiring. Are the

outlets where you will need them? Be sure

there is enough electricity coming into the

apartment to run all the appliances you will

want to use. If you have a 220 volt air condi-

tioner, dryer, or stove, check to see if there

are outlets available. If not, you will want a

written agreement with the landlord about

whether appropriate outlets can be installed

and who will pay.

(5) Check the floor, walls, and ceilings.

Make sure there are no holes, cracks, or

broken plaster. Look for spots or streaks on

the ceilings and walls. They may mean rain

water or water from pipes above are leaking

through. Carefully examine basement apart-

ments. They are more prone to bugs and

water leakage.

(6) Look for signs of rodents and insects.

Check for droppings in cupboards and corners

of the kitchen and bathrooms. Go to the place

at night and flip the lights on to see if bugs go

scurrying. Ask the landlord if he or she sprays

regularly. Shredded paper often means rats or

mice are nesting nearby.

(7) Check the heat. It is advisable to have a

way to control the heat within each apartment

(thermostat or controls on radiators or heat-

ing vents). Find out if circulation is adequate to

heat all rooms. If you are worried about

whether your heater is safe, you can get some-

one from your utility company to come out and

inspect your unit. (There may be a fee.) If you

are renting during the summer, you might ask

other tenants in the building about the heat in

the winter.

(8) Ask about utilities. Who pays for the

heat and hot water? Who pays for gas and

electricity? You may find apartments where

heat, water, and hot water are included in the

rent. If they are not included, be sure to figure

these expenses into the monthly total that

you will be paying. You will probably also have

to pay deposits to utility companies, including

the phone company, before they will connect

your services.

(9) Check for garbage or trash containers.

Where are they? Is the area well kept? Is the

landlord responsible for maintaining the con-

tainers and seeing that the trash is picked up?

(10) Do the appliances work? Check those

that are provided (for example, stove or

refrigerator). Do they possess all their parts

(broiler pans, ice trays, etc.)?

(11) Check the windows and screens.

Are they broken? Do they open? Are there

latches? Are there storm windows?

(12) Check for lead paint. If the wall paint is

peeling or flaking, there is a danger to young

children. The taste of lead paint is sweet; there-

fore children like to eat it like candy. If you have

young children, do not move into a place that

has lead paint. If the paint is old, assume it is

lead paint.

7

(13) If an apartment is furnished, check

the condition of the furniture.

(14) Find out who is expected to take care

of the yard, halls, and sidewalks (mowing,

cleaning, scooping snow, etc.).

(15) Is parking available and/or guaran-

teed?

(16) Is there a lease? If so, get a copy. Take

it home and look it over. Ask someone to help

you if you don’t understand it. If the landlord

doesn’t have one and you want one, now is the

time to mention it and suggest a model.

(17) Ask about “house rules.” Rules and

regulations are enforceable by the landlord as

long as they are reasonable and applicable to all

tenants equally and the tenant has had notice of

them at the time he or she enters the agree-

ment. If a rule or regulation changes, or if new

ones are adopted, the tenant must consent in

writing before the landlord can enforce the new

rules and regulations. Are pets allowed? What is

the policy on guests? Look around and check

with neighbors about noise and other living

conditions.

(18) If possible, check with former tenants

about any defects that they know of in the

apartment. You might also talk with neighbors

to get an idea of what kind of service you can

expect from the landlord.

(19) Check anything else relevant to the

dwelling you are renting. You should make

notes on concerns or questions you have and

go over all of them with the landlord before you

decide whether or not you want to rent a par-

ticular place. If possible, you should get any

promises made by you or the landlord in writing.

Kansas law says that, if a place is not in compli-

ance with Kansas law and/or your rental agree-

ment on the day you are supposed to move in,

you have the right to get all your money back

and go elsewhere. Having promises in writing

can make it easier to prove whether or not

they’ve been kept.

GETTING ACCEPTED

Some landlords may decide whether or not to

rent to you by just looking you in the eye;

some may ask you a few questions about

where you work and who your current land-

lord is; and some may ask you to fill out very

long, detailed application forms. All are accept-

able ways of screening tenants.

At this time, there are almost no laws limiting

what landlords may ask for on application

forms, though Fair Credit Reporting laws

require that the landlord not pass the informa-

tion gained from credit checks on to anyone

else and Fair Housing laws require that you

cannot be turned down because of a need for

accessibility modifications. If you are asked to

give information that seems unnecessarily

personal, you may want to inquire as to ex-

actly why that information is needed and

possibly leave it out. Some landlords know

exactly why they want certain information;

some simply got the forms from someone

else and only use a fraction of what you tell

them anyway. Obviously, the most important

information a future landlord needs to know is

whether you’ll pay your rent, whether you’ll

take good care of the place, and whether

you’ll keep from disturbing your neighbors.

On the other hand, make sure that what you

write down is factual. Kansas law makes it a

criminal offense to falsify an application; con-

viction could result in fines or jail.

A landlord has the right to select tenants on

pretty much any basis as long as he or she

does not illegally discriminate (see the section

called Discrimination in this handbook). If you

are rejected, ask why. Maybe a reference was

in error. Maybe you need to “clean up” your

credit records. If the reasons don’t seem good

enough to you and you really want the place,

make your case to the landlord. Maybe there

are other credit references you can offer to

convince the landlord that you (and your

family or roommates) are a good risk.

YES, WE’LL TAKE IT

So, it’s a place you want, you’re satisfied that

8

anything that’s not quite right will be, and the

landlord has accepted you. You have probably

paid a security deposit, you may have signed a

lease, and have set a move-in date.

You can relax now, but you need to stay aware

of what’s happening and continue communica-

tion, preferably in writing, with your landlord.

Remember, no matter how friendly you are with

your landlord (and hopefully you are), you have

a business relationship with him or her. Your

landlord will treat it as such, and so should you.

IF YOUR PLACE ISN’T READY

WHEN PROMISED

Kansas law is very clear that if your place is not

ready for move-in on the date promised in

your verbal or written rental agreement, you

have the right to get all of your money back and

go somewhere else. If you want to (or have to)

stay, the law says you don’t owe rent until it’s

right.

Specifically, the law expects that whoever was

in there before you will be out, that the place will

meet minimum standards according to Kansas

law or any local housing code (see Landlord

Responsibilities later in this book), and that any

promises made to you by the landlord (your

rental agreement) will have been fulfilled. If any

of these things are not right, the law says that

you don’t owe rent (rent “abates”) until they

are. Then, you have two choices.

One, if you decide you don’t want to live there,

you can give a 5-day written notice to the

landlord stating that you will not be living there,

why, and that you want all of your money back.

The law does not specify exactly when the five

days are to start and end, so just give the

notice as soon as possible. If you have to use

this provision, the law says that you are entitled

to your security deposit back (less any deduc-

tions for physical damage you caused) and the

landlord owes you for any cash losses you

suffer.

Two, if you decide to stay, you still don’t owe

rent until the place is available to move in and/or

until things are as promised, and the landlord

owes you for any cash losses you suffer. You

can take legal action to force the landlord to

make repairs or keep promises if you like.

If the situation is willful and not in good faith on

the part of a landlord or on the part of a tenant

who did not get out on time, you can sue for

1-1/2 times a month’s rent or 1-1/2 times your

cash losses, whichever is greater, if you want

to. (Keep in mind … if you ever hold over, some-

one could also sue you!)

RENTER’S INSURANCE

Renter’s insurance is available at a relatively low cost to anyone renting an apartment or a house.

Rates vary depending on the amount of insurance, the area in which the apartment or house is

located, and the type of the structure. If your apartment is burglarized or burns down, your

landlord’s insurance will not cover your possessions.

If you decide to get renter’s insurance, you should check several companies to determine which is

cheapest and provides the best coverage. Check especially whether the policy covers things

stolen while you are away from home (for example, a bicycle or items stolen from your car).

Also check what the deductible figure is, and whether the insurance company will pay replace-

ment value for possessions which are stolen or destroyed by fire. Make sure that items stored in

a locked storage locker (either provided by the landlord or elsewhere) are covered in your policy.

The Kansas Insurance Commissioner’s office has information about companies doing business in

Kansas and comparable rates. Phone: 1-800-432-2484 Website: www.ksinsurance.org

9

Over 49,000 rental units in Kansas are subsi-

dized (the government pays part of the rent)

through federal Department of Housing and

Urban Development (HUD), Rural Development

(RD) and other programs. “Public Housing,”

“Housing Authority,” “Section 8,” “Rental Assis-

tance,” “Deep Subsidy,” “Low Rent,” – all are

names you may hear or recognize.

PROGRAMS

Public Housing – Low rent housing built all or

in part with government funds. With few excep-

tions, public housing is owned by a local “hous-

ing authority,” governed by a local board of

directors, and managed by their staff or on

contract. Rent is 30% of adjusted tenant income.

Project Based Section 8 – Privately owned

complexes where HUD Section 8 tenant rent

subsidies are available for some or all tenants

through a contract between the building and

HUD. Interested tenants apply directly at the

building or complex office. Rent is 30% of ad-

justed tenant income.

Section 8 Housing Vouchers – A program

which allows tenants to live in privately owned

housing and have government assistance to pay

rent. Tenants may take vouchers anywhere in a

certain geographic area as long as, following an

inspection and approval by the managing agency,

the property meets certain size and condition

standards. There is no limit on how much the rent

can be, only how much assistance is available. The

government provides subsidies through managing

agencies who then contract with the tenant and

the owner. The subsidy is paid directly to the

owner who then applies the subsidy to the rent.

Housing Authorities, Community Action Agencies,

and Agencies on Aging often are the managing

agencies. Rent subsidy is based on tenant income.

Tax Credit/Section 42 - A program for new or

updated apartment or townhome complexes.

The program is available for elderly or families or

LOW RENT

HOUSING

single persons. Single full-time students are not

eligible. There are limits on income based on the

number of bedrooms in units. Rents are the

same for all residents.

Other – Local nonprofits and others have also

developed local low rent programs. Check with

your City, your housing authority or the State

(see phone number in box in this chapter) to

see if there is anything near you.

WHO IS ELIGIBLE

(HUD PROGRAMS)

For “elderly” housing programs, a person must

be low income, 62 years of age or older, or

qualify as disabled (regardless of age). The age

limit can go down to 55 if certain amenities such

as activities or transportation are available.

To get into “family” programs, families with

children and, in most cases, people who qualify

for the elderly programs are eligible.

“Disabled” means anyone with a documented

mental or physical disability.

Single people who are neither elderly nor handi-

capped are sometimes eligible. Check with the

manager.

Unmarried adults who are living together with

children are usually considered “families.”

Some programs are limited to people who are

homeless or have other special circumstances.

Owners and managers have the right to check

into the background of you and your family to

decide whether or not to offer you housing or a

place on a waiting list. If you are rejected, you

have the right to be told why. In both Section 8

and public housing, federal law says the landlord

must offer you at least an informal conference.

Many programs provide unsuccessful applicants

access to a “grievance procedure,” described

later in this chapter.

10

Some of the programs have priorities for who

gets housed first from their waiting list. Some-

times it’s higher-income people first, some-

times lower, sometimes people who are in

substandard conditions get preference, etc.

These priorities change from time to time

depending on which political party is in

power, who is on a housing authority board

of directors, etc. This policy cannot discrimi-

nate against you because you are new to

town. You have the right to see a copy of the

written priority policy and to know what number

you are on the waiting list.

In all situations, you must furnish accurate

information to the landlord as to the employ-

ment and income of each family member and

how many people are living with you so that the

landlord can determine whether you are eligible

for subsidized housing, the size of dwelling unit

WORKSHEET FOR COMPUTING PUBLIC HOUSING

AND SECTION 8 RENTS AT 30% OF INCOME

(This is a simplified form which should give you a general idea of how much your rent might be.)

Gross Monthly Income is defined as the income (before taxes) of all members of the household who are

over 18, including students. One-time only income does not have to be counted. Foster-care payments

do not have to be counted either.

Dependent is defined as anyone in the household (except the head of the household, his or her spouse,

and foster children) who is under 18 years of age, a full-time student, or disabled.

FAMILIES

Gross Monthly Income ______________________

X 12 (months)

Deductions

$480 per Dependent -_____________________

Child Care -_____________________

Adjusted Gross Income ______________________

÷ 12 (months)

X .30 (30% of Adjusted

Gross Income) ______________________

Monthly Gross Rent ______________________

Utility Allowance -_____________________

(if tenant pays gas,

electricity or water)

Monthly Net Rent ______________________

ELDERLY/HANDICAPPED

Gross Monthly Income ______________________

X 12 (months)

Deductions

$400 per Household -_____________________

Medical (Over 3% -_____________________

Gross Income)

Adjusted Gross Income -_____________________

÷ 12 (months)

X .30 (30% of Adjusted

Gross Income) ______________________

Monthly Gross Rent ______________________

Utility Allowance (if -_____________________

tenant pays gas,

electricity or water)

Monthly Net Rent ______________________

11

you should be in, and how much your rent

should be. This is called “income certification.”

In most programs, you will be asked to turn in

this information once a year and whenever

income or family size changes. This is called

“recertification.” If anything has changed, your

rent may be raised or lowered or you may be

asked to move to a different size unit.

SECURITY DEPOSITS

Expect to pay a security deposit. Some pro-

grams will set your security deposit based on

your rent; others will have a flat rate. Kansas

law requires that your security deposit cannot

be more than your monthly rent unless pets

are allowed, in which case the security deposit

can be as much as one and one-half times

your monthly rent. The only exception to this

rule is that some housing authorities have

been allowed to set security deposit schedules

that are more than the tenant’s rent, even as

high as $200 or more. The law says that to

do that, the housing authority must allow

tenants to pay the security deposit in pay-

ments rather than all at once.

MAINTENANCE

Subsidized housing landlords are required to

meet at least the same maintenance stan-

dards that are expected of private landlords in

the state of Kansas. Some programs have

their own specific maintenance standards and

their own inspectors; however, all properties

must comply with local codes and ordinances.

EVICTIONS

In public housing, policy sometimes is that

tenants are given from ten (10) to fourteen

(14) days’ written notice for nonpayment of

rent eviction. (This is more than Kansas law

requires.) Otherwise, minimum notice in all of

the programs is the same as state law and/or

as set in the lease.

In public housing and project based Section 8,

the landlord must have a “good cause” to

evict someone. “Good cause” may be:

♦Serious or repeated interference with the

rights of others.

♦Serious or repeated damage to the premises.

♦The creation of physical hazards.

♦Nonpayment of rent.

GRIEVANCE PROCEDURE (PUBLIC

HOUSING AND RURAL DEVELOP-

MENT ASSISTED PROJECTS ONLY)

In public housing, the tenant has the right to a

hearing before an impartial person or panel if

the tenant disagrees with a proposed action of

the management. In the case of eviction

disputes, federal law allows Kansas housing

authorities to skip the grievance procedure

and insist on going to court, but most will

allow you to file the grievance anyway.

If you disagree with an action taken against

you, either as a tenant or an applicant for

public housing, you may file a grievance

against the management stating the source

of the disagreement and what you think

should be done to correct it. If you wish to

file a grievance, both you and the manage-

ment must follow the specific grievance

procedure adopted for that complex. Ask for

a copy if you don’t have one. It should be

very similar to the procedure outlined be-

low:

(l) You must personally deliver the written

grievance to the housing authority, usually to

the director. In this way, the grievance may be

informally discussed and possibly settled

without a hearing.

(2) Within five (5) days, you should receive a

response with the following items included:

♦A suggested settlement.

♦Signature of a member of the manage-

ment.

♦The date.

♦A statement informing you of your right

to a hearing before an impartial person

or panel and how to obtain it.

12

(3) If you are not satisfied with the response,

you can send a dated, written request for a

hearing to the director or project manager’s

office within ten (10) days. If you do not

request a hearing within this time, you will prob-

ably forfeit your right to appeal this particular case.

(4) If you request a hearing, you will be mailed

information with the date and time of the hearing.

(5) You have the right to see any documents

the management plans to use against you in

advance.

(6) At the hearing, you will have the opportu-

nity to:

♦Be represented by an attorney or another

person of your choice.

♦Present your evidence.

♦Question the management’s evidence.

(7) If you find the person or panel’s decision

unsatisfactory, you may appeal it in court.

Likewise, management must take court action

to proceed further against you.

Remember, if you ever receive an eviction or

any notice that you feel is unfair, appeal it

immediately, don’t wait.

ADMINISTRATIVE REVIEW

PROCEDURES (SECTION 8 AND

HOUSING VOUCHERS)

Federal law requires anyone who runs a

Section 8 program to adopt an “administrative

plan” that contains a review procedure to be

used when a tenant has a grievance or wants

to appeal a decision.

TO FIND OUT IF THERE IS AFFORDABLE

HOUSING IN YOUR TOWN...

Kansas HUD Office

Office of Public Housing

400 State Ave.

Kansas City, Kansas 66101-2406

(913) 551-6916

http://www.hud.gov

Kansas Housing Resource Corporation

1000 SW Jackson, Suite 150

Topeka, Kansas 66612

(785) 296-5865

http://www.kshousingcorp.org

Kansas Rural Development Office

Housing Program

1201 SW Summit Executive Ct.

Topeka, Kansas 66615

(785) 271-2720

http://www.rurdev.usda.gov/ks/

If you can’t get the information you need from the above sources, contact Housing and

Credit Counseling, Inc. at (785) 234-0217.

13

The Kansas Residential Landlord and Tenant

Act lists rights and responsibilities for Kansas

landlords and tenants. It has 33 sections and

covers landlords and tenants that don’t have

written agreements as well as those that do.

Just like the Landlord/Tenant Act, any city or

county codes or laws in your area that have

to do with housing will affect both you and

your landlord. You should find out what

they are and know what they say.

SECURITY

DEPOSITS

Before you are able to move into a rental

property, your landlord may ask for a security

deposit. The money is placed with your land-

lord as insurance against the risk that you will

damage the apartment, leave owing rent, or

cause the landlord expenses because you

have not followed the law or your rental

agreement.

You should try to get your landlord to put

your security deposit in an interest-bearing

savings account, paying you the interest when

you get the deposit back. This is not required

by law at this time, but since it is your money

being held in trust, it is only fair.

If you agree to clean the premises or perform

maintenance and repair in lieu of a security

deposit, be sure to get it in writing or in-

cluded in the lease. This must be carefully

agreed to: How many hours at what rate?

Who pays for supplies and materials? When

must the work be done? Will you receive a

cash return of the security deposit when you

move out and leave the place in good condition?

There are several laws that say how security

deposits can be used, and how to get them

PRIVATE HOUSING

back. You can protect your security deposit by

remembering a few important things:

♦Landlords do not have to collect security

deposits. They may, but they don’t have to.

♦There are limits on how much a landlord

can charge for a deposit:

unfurnished apartment

1 month’s rent

furnished apartment

1-1/2 month’s rent

pets – extra 1/2 month’s rent

So, if the rent on your apartment is

$400 per month and the apartment is

unfurnished, your deposit can be no more

than $400. If it is furnished, the deposit

can be no more than $600. You could be

charged an extra $200 if you have a pet.

With pets and furniture, then, it could go as

high as $800. These rules are especially

important to watch if you are renting with

roommates and the landlord is collecting a

deposit from each of you. The total cannot

legally go over the limits.

♦Ask that the amount of the deposit be

written into your lease.

♦Get a receipt for payment.

♦Normal wear and tear on your apartment

could be misrepresented as damage. To

prevent this, be sure to fill out a checklist

or inventory when you move in. (See

later in this chapter on Move-In Check lists.)

♦Do not try to use your security deposit

while you live there to pay the landlord

for rent or other charges and do not try

to use it for the last month’s rent. The

Landlord/Tenant Act says that if you do,

you could not only lose your security

deposit, but you would still owe the rent

or the other charges you were trying to

use it for.

♦You should get your landlord to inspect

your place with you after you move out.

This way, you can agree on what is dirty

14

or damaged and how much it will cost to

repair. If there is cleaning or repair work

to be done, you would have the chance

to arrange to do it yourself so it won’t be

paid for with your security deposit.

♦The law allows your landlord to keep all or

part of your security deposit for three

reasons:

(1) Physical damage beyond normal wear

and tear caused by you, your family, your

guests, and/or your pets.

(2) Rent that is past due.

(3) Other expenses your landlord has

suffered because you have not complied with

the law or your rental agreement. (This could

include, for instance, the cost of running an ad

to get new tenants if your landlord normally

runs ads and you break a lease before its term

expires, or all or part of the next month’s rent

if you are renting month-to-month and do not

give a proper 30-day notice and the landlord is

unable to get another tenant to move in

immediately after you move out.)

Judges vary on their interpretation of the law,

but if your landlord tries to keep your security

deposit for anything other than the reasons

listed above (such as liquidated damages or

for breaking the lease), you should argue that

Kansas law does not allow this and that the

landlord should return everything except what

can be specifically itemized (see below).

Judges generally allow landlords to bill you for

their time at reasonable rates if they do cer-

tain cleaning or repairs that were your respon-

sibility but not for showing the place, screening

new tenants and other costs of doing business.

When a landlord is charging you for change or

replacement of an item, the charge can only

be for actual value. In other words, if the

charge is for a repair, it can only be for the

actual cost of parts and labor or it must be

based on a reasonable bid the landlord got for

the repair. As long as you were responsible for

the damage, a repair does not actually have

to be made for you to be charged. Replace-

ment charges must be figured on the value of

an item that day. For instance, if you ruined a

new rug, you could be charged full replacement

value; if you ruined a rug that was five years

old, you could be charged only the depreciated

value of what the rug was worth that day.

Again, the landlord does not actually have to

replace the item to have the right to charge you.

If the landlord decided to withhold any

portion of the deposit for any reason, he or she

must give you a written list of itemized de-

ductions. The deposit and/or the itemized list of

deductions must be sent to you within fourteen

(14) days after the determination of damages

but in no case later than thirty (30) days after

you give up possession (return your keys).

If your landlord doesn’t return your money,

doesn’t enclose the list of damages, or you

disagree with the deductions and the amount of

money you got, you should take steps to settle

the matter. First, you should write your landlord,

explain what you want or where you disagree,

and give the landlord a chance to write back

and/or send more money. If you can’t settle

with the landlord, you can file in Small Claims

Court for whatever you think is fair. If the land-

lord did not even attempt to return your money

or send you the written list of deductions within

the 30 days, you can sue for one and one-half

(1-1/2) times the amount wrongfully withheld in

addition to what you feel you are due. (See the

Small Claims Court section of this handbook for

how to file and conduct yourself.)

When you leave, be sure to leave the landlord a

forwarding address where your deposit may be

sent. If for some reason you don’t want to give

your new address, you can always give that of

a relative or friend. (If you forget about the

deposit and do not make a demand for it, the

landlord is still required by law to attempt to

return it to you at your last known address.)

If the place you rent is sold, the old owner is

required by law to return your deposit to you.

Make sure you either get your money or a signed

paper saying your money (specifying exact

amount) has been transferred to the new owner.

The new owner can ask for additional money for

the deposit but the total cannot go over the legal

limits and you should get at least a full rent-period’s

written notice before you have to pay.

15

If you are in a long-term lease, the new owner

must wait until the end of the lease to adjust

the security deposit as well as, of course, the

rent or any other lease provision.

NOTE: Before you file for a security deposit

return in Small Claims Court, think about

whether you have a good case and whether

your landlord would have a claim against you.

Did you give proper written notice as required

by the law or your lease? Was your rent paid

up? Did you leave everything in just as good

or better condition than you found it? If the

answer to any of these questions is “No,” then

you’d better think carefully about whether you

have really got a case and how much money

you can reasonably expect to win. Don’t

waste your time, the court’s, or the landlord’s

if you are in the wrong.

A rental agreement is a legally binding contract

between you and your landlord. It should

state the rights and responsibilities of both of

the parties. In Kansas, it may be either written

or verbal, although it is best to have your

agreement in writing. With things in writing,

there is less confusion over the details of the

original agreement if a problem occurs. Just

because your agreement is in writing, it

doesn’t automatically have to be for six

months or a year. It can be from month-to-

month or for any term. In all cases, whether

there is a written agreement or not, the land-

lord and the tenant are subject to the laws of

the state of Kansas and its governmental

subdivisions.

To protect your rights and yourself, consider

the following suggestions before signing a lease:

(1) Get a copy of the lease, take it home, and

read it carefully. Do not be discouraged by

technical language or fine print. If you have a

question about any part of the lease, ask the

landlord to explain it or take it to a qualified

person or agency. If the landlord won’t give you

a copy of the lease to read, be wary.

(2) Do not move in and start paying rent before

you have approved the lease. Leases with only the

landlord’s signature can be enforceable when the

tenant has a copy and has paid rent without

reservation. If your landlord sends you a signed

lease with instructions for you to sign it, don’t sign

unless you agree to the terms. If you don’t sign,

write the landlord a letter immediately saying that

you didn’t sign the lease and explaining what you

want changed. You can even send a lease of your

own and ask your landlord to sign it instead. If you

do this, you won’t be bound by the landlord’s lease

until you and the landlord agree on a lease and you

sign it.

(3) Make certain all the blanks are filled in

before you sign anything. The correct date

should be noted.

(4) The name and address of the manager and

the owner or a person authorized to receive

notices and demands from the tenant should be

in writing. This information must be kept current.

(5) If the lease is longer than month-to-

month, be sure to find out what the conse-

quences will be if you break the lease early.

(6) There are a number of inequitable clauses

which are very undesirable and often illegal.

Clauses which are prohibited by Kansas law are

not only unenforceable, but if a landlord deliber-

ately uses a prohibited clause, the tenant can

receive money damages. Some of these

clauses are:

♦“exculpatory” clauses which say that the

landlord will never be liable for damage or

personal injury to you or your guests.

♦“confession” clauses in which you admit guilt

in advance to any charge for damages in

court.

♦“as is” or “disclaimer of duty to repair”

clauses which allow the landlord to disregard

responsibility for making repairs.

♦clauses which permit the landlord to enter

the apartment at any time without notice.

♦clauses which give the landlord the right to

evict you without proper notice.

LEASES

RENTAL

AGREEMENT

This is a rental agreement

between the party of the first

part, i.e. The Landlord, and the

party of the second part, i.e.

The Tenant.

The rent will be due and

payable on the 1st of each

month in the amount agreed

upon by both parties.

The LandlordThe Landlord

The LandlordThe Landlord

The Landlord

APPROVED

16

♦clauses which allow the landlord to take your

personal possessions if you don’t pay your

rent.

♦clauses that forfeit your security deposit

automatically for ending your lease early.

♦any other clauses where you agree to give

up rights you have according to the Kansas

Residential Landlord and Tenant Act.

(7) It is possible to make changes in a lease.

If you and your landlord agree to cross some-

thing out, simply draw a line through that part

on both your copy and the landlord’s copy.

Both of you should then initial and date each

other’s copy in the margin right next to the

change. If you want to add something, write

or type it in on the lease somewhere above

the signatures, then date and initial the addi-

tion. If there is not enough room, you will

need to add another page (you will need two

copies). Write Addendum to the Lease (or

Rental Agreement, whatever you’re calling it)

For The Property at (your address) and the

date at the top of the page. Then write whatever

you have to write. You and your landlord should

sign below. You and your landlord can write these

things yourselves. Take your time and make sure

your words say what you mean them to say.

Many tenants feel they are in a poor posi-

tion to argue over provisions in a lease. If

they do, they fear they stand the chance

of losing the place to a less “uppity”

renter. Unfortunately, this does still hap-

pen. However, this will not change until

the unwilling landlords learn that to get

and keep good tenants, they must not

fear negotiated agreements when re-

quests are reasonable. DO be assertive

about proposing your own lease or asking

to add or change clauses. NEVER sign a

lease that contains clauses that you can-

not live with and that could be used

against you. There ARE other places.

(8) Notary publics are not required to ob-

serve the signing of leases. Having a witness is

a good idea, but is also not required.

(9) Make sure you get a copy of your lease

and any amendments – anything you sign.

Keep your papers in a place where you can

find them and read them. If you have any

questions or problems in the future, you will

need to read them and go by what they say.

Besides the terms of the lease or rental agree-

ment, a landlord may have a list of rules and

regulations. The landlord is required to notify

you of them before your rental agreement

begins. Examine all rules carefully and decide if

they are compatible with your lifestyle. If the

rules don’t suit you, don’t move in. While there

is no limit to the number of rules you may be

forced to live with, Kansas law does limit their

purpose. All rules must be designed either to

benefit the tenants or protect the landlord’s

property. Rules must apply equally to all tenants.

If the landlord wants to change or add any

rules during the course of your rental agree-

ment, you and the other tenants will be bound

by them only if you voluntarily agree to them

in writing. Otherwise, the most the landlord

can do is give notice that the new rules will be

such-and-such when rental agreements re-

new. This would mean that as long as the

landlord followed notice requirements in a

long-term lease, the rules would take effect

when the lease renewed or went month-to-

month; in a month-to-month arrangement,

the new rules would take effect after a 30-day

written notice in advance of a rent date (just

like an eviction) whether you agree or not.

Within five (5) days after you move in, Kansas

law requires you and your landlord to make a

detailed written list describing the condition of

the premises.

RULES AND

REGULATIONS

MOVE-IN

CHECKLISTS

INSPECT

ION

!

!

!

!

!

!

!

!

Carpet/Tile

Bathrooms

Windows/Walls

Kitchen/Pantry

Basement

Stove/Oven

Lawn/Garden

R

ULES

1. Rent is due on the

1st of each month.

2. Loud parties, music

or noise must be kept

to a minimum after 12.

3. Pets are allowed

only with permission of

the manager.

17

This list can be done on a printed form or a

plain piece of paper. What is important is that,

when it is signed, it contains all the details of

what condition your place was in and what

was in it. Either by writing two copies exactly

the same, by using carbon paper, or photo-

copying the list when you get done, both you

and the landlord must, by law, have copies of

the list signed by both of you.

Check the household from top to bottom. Are

there cigarette burns in the carpet? Are there

any nail holes in the walls? Is the carpet stained

or dirty? Is the oven clean? Any furnishings and

appliances provided by the landlord should be

noted.

To prevent your landlord from charging you for

damages caused by previous tenants, complete

the checklist in detail. A small hole in a vinyl chair

can stretch and grow and later develop into a

big problem for you when the landlord sends

you the bill for repair.

Don’t sign your name to a list a landlord has

filled out before you check for yourself! The law

says you and the landlord are to do the inspec-

tion together. Even the best of us miss things.

Also, don’t sign a list that just says “Okay” or

“Clean.” “Okay” or “Clean” isn’t going to do

much good at move-out time when you need

to prove that a window was already cracked

when you moved in or a handle was already

broken on a door.

If you discover things that need repairs as you

inspect, put the landlord’s promises down in

writing right on your checklist. If the landlord

says he or she will replace that sagging clothes

pole in the closet within two weeks write

down, “Bedroom clothes pole bent. Landlord will

replace in two weeks.” When you and your

landlord sign the inspection sheet, you will have

signed promises from your landlord for hopefully

all of the repairs that are needed.

If you can’t get the landlord to do an inspection

with you, do one yourself anyway. Get a friend

to be a witness and go with you. Make the

written list, then you and your witness sign it.

Send a copy to your landlord. Take pictures if

you can.

Also, if you later discover something that you

missed on your list (like the bathtub drains

slowly or something), send the information to

your landlord in writing right away. Make a copy

of what you wrote and keep it with your check-

list.

When you move out, you and your landlord

should reinspect the home and sign another

checklist or a statement that the home is in

satisfactory condition and your security deposit

will be returned.

Rent is due, in full, in advance of or on the rent-

paying date. In Kansas, if a rent-paying date has

not been specified, the law says it is assumed to

be the first of the month in a month-to-month

relationship. If your rent date is to be other than

the first, then, it’s best to have it in writing!

The law also says that if the landlord has not

specified that you should deliver or mail the rent,

the landlord is expected to pick it up at the

dwelling.

“Late charges” for late rent are allowable in

Kansas. You must be informed of them as part

of your original rental agreement. If your land-

lord wants to start charging them later, a 30-

day notice in advance of a rent date would be

required in a month-to-month tenancy. The

landlord would have to wait until renewal time to

start charging late fees through a long-term lease.

RENT RAISES

Kansas has no laws that limit either how much

your rent can be raised or how often.

Because a rent raise is similar to an eviction,

there is one rule. Your landlord must inform you

of a rent raise IN WRITING at least 30 days in

advance of the rent date when it is supposed to

go into effect if the rental agreement is on a

month-to-month basis. Having your utilities

transferred to your name is the same thing as a

RENT AND

LATE FEES

18

rent raise, so the same rule applies. It is prefer-

able to get at least 45 days’ notice so you can

decide whether to stay or give a 30-day notice

and move, but 30 days is all that is commonly

required.

If you get a rent raise notice, check your lease, if

you have one. One reason people sign long-term

leases is to protect against rent raises for periods

of 6 months or a year or whatever period your

lease covers. If your lease doesn’t allow for a rent

raise, don’t pay. Or if your lease allows for rent

raises only to cover costs of increased taxes and

utilities, demand to see the last year or two’s

receipts to prove that the increase is fair and

necessary. You may be surprised at the costs, but

maybe the increase will be dropped.

If you live in a complex where rents are raised

and you and the other tenants think it’s unfair,

about the only way you can deal with it is by

organizing and negotiating with management as

a group. (See the chapter on Tenant Organiza-

tions later in this handbook.) You may at least

be able to get the landlord to make repairs or

do other things that have been promised.

GUESTS, GUESTS WHO STAY

Tenants have the right to have guests in their

homes for reasonable periods of time unless the

rental agreement specifically prohibits company.

If your rental agreement specifies who or how

many people can live in your property, as most

do, and you let someone move in, you could be

at risk. Because you have changed the rental

agreement, your landlord could ask you for

more rent, or require references to put the new

person on the lease, or ask you to move.

If you want to let someone stay with you more

than 30 days, it is generally best to get your

landlord’s written permission.

The Landlord is required to:

♦Keep the apartment, mobile home, or

house where you live in compliance with

city or county building or housing codes

affecting health and safety.

♦Maintain areas of the building and the

grounds outside which are open to all

tenants. Common areas such as hall-

ways, parking lots, and laundry rooms

are a few examples.

♦Make sure you have an adequate supply

of hot and cold running water.

♦Supply a reliable amount of heat during

the winter months. A normal standard is

that it should be possible to keep the

temperature at 68 degrees between

October and May. (The landlord doesn’t

necessarily have to pay for the water,

electricity, or gas, but the landlord must

provide the equipment and it must work.)

♦Maintain all electrical, plumbing, sanitary,

heating, ventilation, and air conditioning

systems in good and safe working order.

♦Maintain all appliances that are provided with

the property. This would include such things

as stoves, refrigerators, and air conditioners.

♦Make sure trash removal is available.

♦Allow tenants to contract for service with

telephone and cablevision companies that

are authorized to do business in the area.

Make it a habit to REQUEST MAINTENANCE

IN WRITING. Not only is this good business

in a legal sense (because you will, of course,

keep dated and signed copies of all notes or

letters), but it is also good business in a

practical sense. You can say what needs to be

said the way you want to say it. You don’t

have to be there when the landlord gets the

news that something has gone wrong. And,

written notes tend to keep turning up and

reminding people of things, whereas mental

notes are easily forgotten. Depending on the

landlord and your lease, phone calls can be

OK for the first contact about a problem or in

an emergency, but after that, calls should

only be to say, “Did you get my note?’’ Many

leases require that maintenance requests be

in writing. Other people should not be counted

on to get your messages to the landlord.

Finally, you want to be sure you can prove

the landlord was notified about every problem

so that if problems worsen or something is

damaged or someone is hurt, the landlord

can’t say he or she didn’t know.

LANDLORD

RESPONSIBILITIES

19

WARRANTY OF HABITABILITY

The Supreme Court of Kansas has established the

principle of “implied warranty of habitability.” Basi-

cally, this says that if your landlord won’t repair

your home and the problem is a violation of the

local housing code, you can sue for damages and

back rent, as long as you continue to pay rent.

(Interpretations of this case say it applies to all

problems “materially affecting” health and safety,

whether or not there is a housing code.)

In that case in 1974, a Wichita woman and her five

children ended up getting $800 back from a land-

lord who had negligently refused to make repairs.

TENANT REMEDIES

If the landlord continually fails to meet mainte-

nance and contract requirements, the Kansas

Residential Landlord and Tenant Act gives you

the right to eventually break your lease. To do

this, you must give the landlord a letter at least

30 days before a rent date. In your letter, tell

the landlord exactly what repairs are needed,

when you want them finished (give the landlord

at least 14 days), and that you will be moving

out on the next rent date if the repairs aren’t

adequately taken care of. If the repairs aren’t

made, or at least a “good faith effort” started,

within the time you allow, then you can move

out. Assuming you were a good tenant (paid

the rent, didn’t tear up the place, etc.), the

landlord can’t pursue you for future rent and

must return your security deposit. If you give

the notice and decide not to move, make your

plans well known to the landlord in writing.

Kansas law also provides that the tenant has

the right to collect “damages” from a landlord if

the landlord does not comply with the laws

regarding maintenance. This applies whether

you decide to break your lease (see above) or

to stay. What this means is that you have the

right to ask your landlord to compensate you

for your actual losses (repair bills you had to

pay, costs to stay somewhere else or eat out

when all or part of your place was unusable,

damage to your furniture or other belongings

due to the landlord’s negligence, medical bills

that you allege are the fault of the landlord,

utility bills you had to pay which were high

because the landlord had to use your electricity

or gas to correct something that was the

landlord’s responsibility, and so on). If you and

the landlord cannot settle on a dollar amount

and payment plan which satisfies you, you can

go to Small Claims Court or have an attorney

take your case to a higher court and get a

judgment there.

Kansas law does not allow the tenant to hold

back (“withhold” or “escrow”) rent or to take

expenses out of the rent (“repair and deduct”).

Though neither action is specifically illegal, they

are not specifically legal either and the landlord

does have the right to give an eviction notice in

any case where the rent is not paid in full and on

time. Both of these actions, then, though they

sometimes work, are risky. Neither are advis-

able without the support of an attorney. If you

try either of them, you should be prepared to

pay the rent in full if you get an eviction notice

or have your attorney take over. (The City of

Manhattan, Kansas, has a local ordinance that

allows for escrow of rent in certain situations.)

DAMAGE OR DESTRUCTION BY FIRE

OR CASUALTY

If a fire, a flood, or some other disaster strikes so

that you can’t live in all or part of your place,

Kansas law says that you should be compensated

accordingly.

You can give a written 5-day “notice to quit” and

move out immediately if your place can’t be lived

in at all. The law says that any prepaid rent after

the move-out date should be refunded to you.

Your security deposit is to be returned as in a

normal move out. The landlord’s insurance should

cover most of these expenses, though a tenant

can be charged with at least an insurance deduct-

ible amount if the fire or casualty was the tenant’s

fault.

If part of your place is livable and part is not, the

law says that the rent is to be reduced propor-

tionally until the whole dwelling is repaired and

usable again.

20

are responsible to make sure that their rental units

comply with laws and codes. If you like to do home

repairs and volunteer to do things for your land-

lord, in many cases, that’s fine. However, it is

strictly ILLEGAL for your landlord to refuse to make

these repairs or to force you to do them. As was

mentioned before, if this happens, you can break

your lease and/or there is a section in the law that

allows you to sue for 1-1/2 times rent or damages.

Right now, neither state law nor local housing codes

require insulation, storm windows, or other specific

weatherization on rental property anywhere in the

state of Kansas. There are also no requirements for

efficiency of heating and cooling appliances or rules

limiting the cost of tenants’ utility expenses. But most

local codes have some language requiring that

property be “reasonably weather-tight, water-tight,

and damp-proof’’ and have minimum heating

temperature standards.

EXAMPLES FROM TOPEKA’S HOUSING CODE

Screens: Screens and screen doors are required on almost every dwelling unit in Topeka.

Rats and Roaches: The landlord is required to deliver units to tenants pest-free. Rats and roaches must

be exterminated when they are found in buildings with more than one apartment or when they exist

because of a landlord’s improper maintenance. If you live in a single-family house and there were no

pests when you moved in, the Code says it’s the tenant’s problem.

Ventilation: Every room must have a window or, in the case of a bathroom or kitchen, a ventilation

system which is in good working condition.

Heat: The owner must provide a heating system that is capable of heating to a temperature of at least

65 degrees at a distance of three feet above floor level in every habitable room.

Exits: There must be two exits to safe and open space at ground level from each level in each dwelling unit.

Locks: There must be safe, functional locking devices on all exterior doors and first-floor windows.

Padlocks on the outside of exterior doors are prohibited.

Lighting: Every room, including the bathroom and kitchen, must have at least two electric outlets or one

outlet and one wall or ceiling fixture. Each public hall and/or stairway in a building with three or more

units must be adequately lighted by natural or electric lights at all times.

Structural Maintenance: The building and foundation must be maintained watertight, rodent-proof, and

in good repair. Staircases must be stable with hand rails. Porches and steps must have a railing if they

are over three feet off the ground.

Kitchen: The sink must be in good working condition. The drainage must flow into an approved sewer

system, and it cannot leak into storage cabinets or shelves. The refrigerator or device for safe storage of

food must maintain a temperature of between 32 degrees and 45 degrees Fahrenheit under ordinary

maximum summer conditions. There must be adequate hot and cold water at all times.

HOUSING CODES

Many cities and towns in Kansas have housing

codes. As opposed to a building code, which is for

new construction, a “housing code” or “property

maintenance” code is for buildings that already

exist. They set basic standards for how buildings

and property ought to be maintained. Housing

codes are usually more specific than the general

requirements outlined in the Landlord Tenant Act

and, of course, they apply only to housing within

the particular city or county that passed the code.

To give you an idea of what codes often require, the

box on this page contains some of the requirements

from the Housing Code for the City of Topeka, Kansas.

Unless a code specifically says the tenant or the

“occupant” is responsible for particular things, or

unless you, the tenant, caused the problem, landlords

21

HOUSING CODES

These cities currently have Housing Codes. If you go to your city hall and ask for a copy of the

Housing Code and they say that they’ve never heard of it, INSIST! It’s there somewhere. And you

want the Housing Code (it may also say “property” or “maintenance” or “occupancy” in the title), not

the building code, zoning code, electrical code, plumbing code, or some other specific code.

Shawnee

South Hutchinson

Sterling

Topeka

Ulysses

Wellington

Wichita

Winfield

Dodge City

Emporia

Galena

Garden City

Goodland

Great Bend

Hays

Hoisington

Hutchinson

Independence

Abilene

Anthony

Atchison

Augusta

Baxter Springs

Belleville

Beloit

Bonner Springs

Chanute

Colby

Junction City

Kansas City

Lawrence

Lenexa

Liberal

Lyons

Manhattan

McPherson

Merriam

Minneapolis

Neodesha

Newton

Norton

Olathe

Ottawa

Paola

Parsons

Plainville

Russell

Salina

LEAD-BASED PAINT REGULATIONS

Federal Environmental Protection Agency and Housing and Urban Development regulations concerning

lead-based paint for housing built before 1978 went into effect in 1996. To comply, a landlord must:

♦Disclose the presence of known lead-based paint and/or lead-based paint hazards in the rental unit.

♦Provide tenants with any available records or reports pertaining to the presence of lead-based

paint and/or lead-based paint hazards.

♦Provide tenants with a federally approved lead hazard information pamphlet.

♦Contracts must include a disclosure form containing information on lead based paint in the rental

unit and acknowledgment from the tenant that they have received this information.

Copies of the pamphlet and disclosure form can be obtained FREE of charge by calling The National

Lead Information Clearinghouse at 1-800-424-LEAD. Copies may also be obtained on the Internet at

www.epa.gov/docs/lead_pm or contact the National Center for Lead-Safe Housing at

www.leadsafehousing.org. HCCI’s Model Lease includes an approved disclosure form.

References: 40 CFR Part 745 and 24 CFR Part 35 published on March 6, 1996, in the Federal Register

In many cities and towns, a housing code

exists but there is no steady effort to enforce

it. You should be able to get a copy of your

local housing code from your housing inspec-

tor or city or county clerk. If you ever need to

call and have an inspection made, make an

appointment so you can be there to let the

inspector in and go through the house with

him or her. You should make sure you point

out all things you think are code violations,

then ask to have a copy of the inspector’s

report and the letter to your landlord sent to

you. You can also call and visit your housing

inspector regularly until action has been taken

to your satisfaction.

Most codes provide some sort of penalty

(fines … or even jail) to property owners who

do not comply after a certain period of time.

Check your code to see what the time limits and

penalties are and insist that your city or town take

action if your place is not getting fixed.

FIRE CODES

Structures housing three or more residential rental

units must be in compliance with the Kansas Life

Safety Code. That code requires smoke alarms,

does not require fire extinguishers, and generally

requires two safe exits from any building. Local

governments that adopt their own fire codes can

make them stricter, but not more permissive, than

the state’s. Check with your local fire department

to see if you have a local code. If not, questions

can be directed to the State Fire Marshal in Topeka

at (785) 296-3401.

22

RETALIATORY EVICTIONS

No tenant should be afraid to demand that the

house he or she rents be maintained in a livable

condition. Many tenants, however, do hesitate

to confront their landlords. They say, “Landlords

know how to get rid of tenants who complain.”

This is not right and both the state of Kansas

and at least one city (Topeka) have set up laws

to prevent this. The Kansas law says that it is

unlawful for any landlord to force you to move

out by raising your rent or decreasing your

services (e.g., stop paying some of the utilities;

stop doing some regular maintenance) after

you have:

♦complained to the landlord because

needed repairs are not being made;

♦asked a governmental agency to inspect

and/or complained to a governmental

agency who can force the landlord to

make repairs; or

♦become active in a tenant organization.

Interpretations of this law, as well as common

law, say that landlords can’t evict you for

these reasons either.

Topeka’s ordinance specifically says that land-

lords can’t evict, raise rent, or cut services

within six months after tenants do any of the

three things listed above. The city felt the six

months was important to provide a “cooling-

off period” for tenants and landlords.

An important thing to remember is that, for

the law to protect you, you need to be paid up

in your rent, continue paying rent during the

time of your complaints, and otherwise be a

“good tenant” (keep the place clean, don’t

bother the neighbors, etc.). Also, if the house

can’t be repaired with you in it, you may have

to expect to move, at least temporarily.

In court, your landlord would be asked to

justify his or her action. You would need to be

prepared to prove, however, that:

♦you always paid the rent on time.

♦if the landlord claims that you were

sometimes late with the rent, it should

be mentioned that the landlord accepted

this late rent without comment (if that is

true).

♦you truly did ask a number of times for

repairs; hopefully you will be able to

show copies of the notes and letters

you sent to your landlord.

♦your complaints were valid and the

problems were not caused by you.

♦you have been a good tenant and that

the landlord has no good reason to evict

you, raise your rent, or decrease services.

Tenants occasionally face another problem

during tenancy – landlord entry. Tenants won-

der, “May the landlord enter my home when-

ever he wants?” The answer is “NO.” Only in

cases of hazard involving the possible loss of life

or severe property damage may the landlord

enter your home without permission.

The landlord may, after giving “reasonable notice”

and arranging a “reasonable time,” enter your

LANDLORD

ENTRY

MOLD CONTAMINATION

The issue of mold contamination in housing has become an issue of concern. Kansas Health officials

say to be concerned but not alarmed. You can keep informed about this issue and the most current

information available by going to the following websites:

Environmental Protection Agency

www.epa.gov/cgi-bin/epaprintonly.cgi

Center for Disease Control

www.cdc.gov/nceh/pubcatns/facts/molds/default.htm

23

home for almost any reason – to inspect the

premises; make necessary or agreed repairs,

decorations, alterations, or improvements; or to

show the place to possible purchasers, lenders,

tenants, workmen, or contractors.

“Reasonable notice” is something you and

your landlord have to decide together. If

you don’t mind if your landlord comes over

without calling first, that’s fine. But you

can insist that your landlord let you know as

much as 48 hours in advance. One to twenty-

four hours is common. You should select your

normal standard, preferably put it in writing, and

be consistent.

“Reasonable time” is also something you and

your landlord need to work out. Because you are

paying rent on your place, you have a right to

privacy and to decide who comes in and out. If it is

important to you, you have the right to insist that

you be at home when your landlord comes over.

So, if you work days, you have the right to ask

that your landlord come over after you get home

or on the weekend. If you work 3 to 11, you have

the right to ask your landlord to come before

2:30. And so on. If it is impossible for you to

arrange a time when you can be at home and

your landlord can reasonably arrange to come

over, then you may need to arrange to leave your

key with a friend or relative or let the landlord

make repairs when you are gone.

Remember, if your time schedule forces your

landlord to pay more for repairs – for instance,

having to pay time-and-a-half or doubletime to a

plumber who could have come during normal

working hours – that cost is likely to be passed on

to you.

If your landlord is selling your place, real estate

people are subject to the same rules and regula-

tions about entering your property as your land-

lord.

If you are having problems with landlord entry,

write a letter to your landlord and explain clearly

exactly when people can and cannot come over

to your house and how much notice you must

have. Give phone numbers for reaching you.

You should not refuse “reasonable entry,” nei-

ther can your landlord use the right of entry to

harass you.

If a tenant continues to have trouble with illegal

entry by the landlord, the tenant has the right to

get a court order to stop the landlord or to give

notice and move. The tenant also has the right

to recover actual money losses.

Likewise, if a tenant continues to illegally refuse

entry to a landlord, the landlord can get a court

order to enter or can evict the tenant, recover-

ing actual money losses from the tenant.

A tenancy is a two-way street, and you as a

tenant should do all you can to meet your

responsibilities. Just because you know your

rights, you should not unnecessarily agitate your

landlord. Always try to work out your problems

first. It’s never wise to start off as adversaries.

Outside people (courts, inspectors) should only

be used when you can’t work things out with a

stubborn landlord.

Some obligations you should meet are:

Pay your rent on time. This should seem

obvious, but it is more important than you

might realize. When tenants are not paid up on

their rent, they lose a number of rights other-

wise guaranteed by law. In addition, you take

the chance of receiving an eviction notice for

nonpayment of rent. Landlords also claim that

time spent trying to collect rent is time they

can’t spend on repairs, maintenance, etc.

Keep the parts of the building you rent

(especially appliances) as clean as the

building’s condition allows. Your landlord may

not do anything to improve your conditions if

you don’t try yourself.

Try to get along with the other tenants.

Everyone has a right to the peaceful enjoyment of

the property. If you have a dog, for example, it’s

up to you to keep it from disturbing your neigh-

bors.

Check with your landlord before you attach

anything to the apartment, such as shelves or

TENANT

RESPONSIBILITIES

24

carpet. Unless you make some other arrange-

ment, anything attached to the property stays

with the property by law. The time to ask is before

the carpet you bought is tacked to the floor, not

after. Again, be sure it’s in writing.

Check before having a roommate move in

since this is a change in your original agreement.

Check also about pets if you want to get one.

Notify your landlord if you plan to be away

from your house or apartment for more

than a few days. Many leases require this and

it’s a good idea for security reasons anyway.

Keep in mind that you are responsible not only

for your own actions, but also those of your

family, your friends, your friends’ friends – any

person or animal in your home with your ex-

press or implied consent. Any damage or

trouble caused by these other parties can be

held against you.

The state of Kansas has established specific

procedures for terminating a tenancy and does

not recognize any others. GIVE OR GET

PROPER WRITTEN NOTICE EVEN IF YOU

HAVE NOTHING ELSE IN WRITING WITH

THE LANDLORD!

NOTICE TO THE LANDLORD

Thirty (30) days’ notice in writing in ad-

vance of a rent-paying date is required in all

month-to-month tenancies. Your planned

move-out date should be specified.

Thirty (30) days’ written notice from any

date must be given when a written lease with a

term longer than month-to-month requires 30

days’ notice but does not specify it must be

from rent date to rent date.

Week-to-week tenancies require at least

seven (7) days’ written notice in advance of a

move-out date specified in the notice. If your

rent period is two weeks-to-two weeks, two

(2) weeks written notice is required.

Military personnel on active duty with month-

to-month written or verbal agreements are

required to give only fifteen (15) days written

notice if they get orders to relocate.

14/30-day notices from rent date to rent

date can be given when there is a problem the

landlord must resolve to ensure the tenant will

stay. (See Tenant Remedies subsection earlier in

this chapter.)

Leases can vary. Most leases will only talk

about notices to move out at the end or for the

renewal of the lease, since you are not ex-

pected to be giving notice and leaving in the

middle of a term. If you have a lease, read it

carefully for notice requirements. Leases can

require less than the normal 30-day notice

(some do!); they can also require more. As

long as the notice requirement seems basically

fair and equitable (not “unconscionable”), a

court would likely uphold it.

NOTICE FROM THE LANDLORD

Unless a tenant has not paid the rent (see next

subsection), a landlord must ALWAYS give

tenants at least thirty (30) days’ written

notice to move out.

Rare exceptions to this rule include situations

where the landlord never rented to the person in

the first place or where life-threatening circum-

stances require that a property be vacated

immediately.

Thirty (30) day notices, week-to-week

notices, and lease notice requirements from

landlord to tenant are the same as they are

from tenant to landlord. (See Notice to the

Landlord subsection above.)

14/30-day notices can be given from land-

lord to tenant as long as they state a specific

reason or reasons why a tenant might be

evicted and allow fourteen (14) days to solve

the problem(s) to prevent the eviction. Unlike

the similar notice from tenant to landlord, Kan-

sas law does not tie these to rent-paying dates;

they can be for any thirty-day period.

TERMINATING

THE TENANCY

NOTICE TO QUIT

Dear Landlord:

I will be moving and

so I will thereby give

you my notice to

The TenantsThe Tenants

The TenantsThe Tenants

The Tenants

The Landlord

Anytown, KS 66006

The Tenants

Anytown, KS

66006

25

Tenants are not protected from eviction because

of illness or pregnancy in the household.

You are required to pay for all the time you live

in the home, whether you are evicted or not.

NONPAYMENT OF RENT/

3-DAY NOTICE

If you are behind in your rent, you may be

served with a 3 day (72 hours) notice. This

notice must state in writing that you have

3 days, 5 if the notice was mailed, to either pay

your rent or move out. If you do neither, your

landlord can bring suit against you in court.

Check your lease, if you have one, to see if it

requires more notice than this in such situations.

The landlord must accept the money if you

offer the full amount within the 3 day (72

hours) notice period. The landlord does not

have to accept partial payments or payments

offered after the notice period has ended. Get a

dated receipt for whatever you pay. If you have

all the money in time but you think the landlord

may try to refuse it, take a witness with you

so, if necessary, that person can testify that

you tried to pay.

If you are going to try to work out a payment

plan with your landlord, think through your

budget carefully and honestly and don’t offer

more than you reasonably can expect to pay. If

the landlord agrees to a payment plan and

agrees to drop or extend the time on an evic-

tion action, it would be best to get the agree-

ment in writing for the protection of both of

you. Once again, it might not be a bad idea for

you to have a witness along in case promises

are made but you can’t get them in writing.

ILLEGAL ACTIVITY

Due to increased concerns about crime-free

and drug-free housing, many rental agree-

ments now contain provisions or addendums

that make any criminal activity, including drug-

related criminal activity, a lease violation and

grounds for termination of the tenancy. These

generally refer to the tenant, any member of

the tenant’s household, guests, or other

persons whom the tenant has allowed around

the property. These lease provisions usually

apply whether the activity occurs on, or near,

the property. They sometimes also apply

when someone who lives in or frequents the

property gets caught committing a crime or

drug activity elsewhere. These evictions have

been upheld in courts.

It is important to understand that the federal

“One Strike” legislation creating these provi-

sions and addendums, as of September 2003,

applies only to HUD subsidized housing. How-

ever, the addendums have worked for some

private landlords.

IMPROPER NOTICE

Peoples’ circumstances do change from time

to time. Suddenly and without warning, a

better job may open up for you out of town

or you may find that your mother has fallen

and is no longer able to take care of herself.

Maybe your landlord sold his house sooner

than he expected and now he needs to move

into yours. In situations like this, you and your

landlord should try to work something out.

Possible compromises if you want to move

out early might be that you would run the ad

and do everything you could to re-rent the

place for the landlord so that your leaving

would cost the landlord as little time as pos-

sible and no money. Or, if the landlord wants

you out early, he or she could give you the

month’s rent free or pay your moving ex-

penses. If you can work out a compromise

that satisfies both of you, the law will respect

your “good faith” agreement. If not, then the

“letter of the law” will still bind both of you.

In Kansas, a landlord is generally not required to

give a reason for an eviction. However, most

government subsidized housing requires “good

cause” (a reason or reasons) to be stated in

writing for an eviction. Also, retaliatory evictions

are illegal whether a reason is stated or not.

(See Retaliatory Evictions subsection earlier in

this chapter.)

26

There is only one kind of “forcible” eviction

which is legal. The landlord must give the

tenant a proper eviction notice, take the case

before a proper court, wait the specified

period, go back to court for trial, get a judg-

ment against the tenant, and then, if the

tenant still doesn’t move, wait for the sheriff

to evict the tenant. All other methods are illegal.

The illegal methods (also called “constructive

evictions”) include such self-help measures as

locking the tenant out; taking the tenant’s

belongings and putting them in storage or

throwing them away; and shutting off the

electricity, gas, water, or other essential ser-

vices. If a landlord resorts to such measures,

the tenant may recover possession or end the

rental agreement. If you do decide to move

out, the landlord must return whatever

amount of the security deposit you are en-

titled to collect. In either case, Kansas law

provides that the tenant may recover an

amount equal to 1-1/2 times the monthly

rent or actual damages, whichever is greater.

There has also been a recent Kansas Supreme

Court case where some tenants were

awarded $1000 in “punitive” damages in a

similar situation.

NEW TERMS AT TERMINATION

At the termination of a tenancy, if the landlord

provides the tenant with paperwork that

would serve as notice to vacate, and the

paperwork contains any additional terms not

contained in the rental agreement, Kansas law

requires that the paperwork include the fol-

lowing statement in 10-point bold face type:

‘YOUR SIGNATURE ON THIS DOCUMENT MAY

BIND YOU TO ADDITIONAL TERMS NOT IN YOUR

ORIGINAL LEASE AGREEMENT. IF YOUR LEASE

REQUIRES YOU TO GIVE WRITTEN NOTICE OF

YOUR INTENT TO VACATE, YOU HAVE THE RIGHT

TO DECLINE TO SIGN THIS DOCUMENT AND TO

PROVIDE WRITTEN NOTICE IN ANOTHER FORM.’

If the above statement does not appear in the

landlord’s paperwork, a tenant’s signature will

not bind the tenant to any additional terms that

are not contained in the original rental agreement.

Abandonment And Personal

Property

If a tenant is evicted or leaves personal prop-

erty in a rental unit after move-out, the

tenant’s personal property may be treated as

abandoned property if the tenant has been

evicted and the tenant owes the landlord back

rent and other expenses or the following is

true:

(1) The tenant’s rent is at least 10 days past due,

(2) The tenant appears to have removed a

substantial portion of the tenant’s belong-

ings, and

(3) The tenant did not tell the landlord that

he or she intended to stay.

If the property is abandoned, the landlord may

sell or dispose of the property if he or she

does the following things.

(1) Holds the property for at least 30 days

giving the tenant the right to redeem if

outstanding debts are settled.

(2) Puts an ad in the paper at least 15 days

before the sale or other disposition of

the property. No later than 7 days after

the ad is published, the landlord must send

a copy of the ad to the tenant at the

It is commonly accepted that a landlord

cannot collect rent twice. So, even if you

couldn’t work out a compromise and you left

early, if the landlord gets the place re-rented,

the landlord must refund you the rent you

paid in advance for the time the new people

are there. Also, a landlord has a responsibility

to “mitigate damages.” That means that once

a landlord knows you are leaving, he or she

must make an attempt to re-rent the prop-

erty. So, as soon as you know you have to

leave a place, give the landlord a written

notice immediately saying what day you are

moving and keep a copy. That way, a land-

lord can’t say he or she didn’t know you

were moving and can’t just leave the place

empty on purpose and try to collect rent

from you.

ILLEGAL EVICTIONS

27

tenant’s last known address (an important

reason for a tenant to file a change of

address with the post office).

IF YOU DON’T LEAVE

If you aren’t out at the end of a notice, you

are probably in trouble if you didn’t work out

something with your landlord. The landlord

personally cannot put you out on the streets or

cut off your utilities if you are not out, but there

are some legal steps that can be taken which

can be pretty bad for you.

First, your landlord has the right to collect rent

from you for every day you are in the property

as well as up to 1-1/2 times a month’s rent or

actual damages, whichever is higher, because

you remain in the property when you were

supposed to be out. This is especially bad when

new tenants are waiting to move in. If they

can’t get in, they can sue your landlord, then the

landlord can sue you for their damages plus his

or hers.

Second, you will probably end up going to court

with the landlord trying to get both possession

of the property and money from you. You will

be notified that your landlord has filed suit

against you by receiving a summons from the

court stating the charges against you and what

day you and/or your attorney must appear. It is

important that you or your lawyer appear in

court on that day. If both of you fail to appear

and the hearing has not been postponed, you

lose your case by default, and a judgment is

immediately made against you.

If your case goes to trial, which it probably will

unless you settle with your landlord out of

court, the trial date must be set within eight

(8) days of your first court appearance.

There is sometimes more to an eviction suit

than simply determining who should be in

possession of the property. For instance, if

you feel the landlord is retaliating against you

(see Retaliatory Evictions), you should bring

that up. That could cause the judge to throw

out the eviction suit altogether. You may also

want to present counterclaims for damages

and back rent because of health hazards on

the property, such as cockroaches, water dam-

ages, no heat, etc. (See Warranty of Habitabil-

ity.) Where the landlord is suing you for nonpay-

ment of rent, Kansas law says that you must

bring up any counterclaims you have the first

time you go to court or you can never claim

those damages later. MAKE SURE YOU OR

YOUR ATTORNEY FILE YOUR “ANSWER”

IN WRITING IN ADVANCE OF YOUR COURT

HEARING, IF YOUR COURT PAPERS RE-

QUIRE IT. Otherwise, the judge may not

be willing to listen to your defense or coun-

terclaims. A well presented and well docu-

mented defense may enable you to win your

case on some or all points.

If you lose the case, or even if you win on some

points but the judge says that the landlord can

have possession of the place back, you will need

to move. Judges will usually award “immediate

possession” to the landlord and can order the

sheriff to assist the landlord if you don’t move.

The sheriff’s department, by law, has up to ten

(10) days to get you out, but it can happen

sooner. If your situation ever gets that far, you

really should try to move yourself. The sheriff

will take your things and put them out of the

property (maybe simply out in the yard, maybe

in storage) or will assist your landlord in doing

the same. To get your things out of storage,

you will first have to pay the moving and stor-

age expenses, probably the court costs, and

maybe also all of the money (if any) that the

judge decided you owed your landlord.

It may be asked, “Why bother going to court if

you will probably lose anyway?” First, there is

always the possibility you may win on some or

all points. For instance, you might win a partial

reduction in money owed for back rent. There

has been a trend among Kansas judges to deal

with warranty of habitability claims more seri-

ously. The other, and perhaps most important,

reason is that, if you need it, valuable time is

won through the court process. If yours is a

valid defense, you can come out ahead and use

this time to search for another home.

If judgment for money is given to the landlord, he

or she can collect by garnishing your wages. (Refer

to the section on collecting a court judgment.)

28

MOBILE HOME PARKS

The Kansas Mobile Home Parks Residential Landlord and Tenant Act (MHRLTA) is

patterned after the Kansas Residential Landlord and Tenant Act and applies to owners

of mobile homes renting lots. Where the mobile home and the lot are rented, the

Kansas Residential Landlord and Tenant Act (the law described in this book) applies.

Most of this book applies to mobile home owners as well EXCEPT:

♦The security deposit on a mobile home lot can be as much as two times the lot

rent, but pet deposits are NOT addressed.

♦The park owner is to maintain security deposits in a separate account, but pay-

ment of interest is not required.

♦When a park is sold, the owners must notify each tenant in writing of the

amount of the security deposit transferred to the new owners. Tenants have

20 days to dispute the amount in writing.

♦A lease can be for a maximum of one year only.

♦When no written lease exists, 60-day notice to quit must be given by either

party.

♦Renewable, written 30-day leases require only 30-days notice to quit.

♦No move-in inspections of the lot are required, but it’s a good idea.

♦A mobile homeowner can give a 14/30 day notice for any period – it’s not tied

to the rent due date as with residential tenants.

♦Any improvements on the lot made by the mobile homeowner are the prop-

erty of the mobile homeowner and can be removed at move out.

♦A mobile home is considered abandoned if rent is more than 3 days late and

the homeowner is absent more than 30 days. The homeowner is responsible

for all past due lot rents, removal and storage costs, utilities due and costs of

serving the lienholder. Costs begin accruing from the date of written notifica-

tion.

♦A mobile homeowner on active military duty renting a lot CANNOT give 15

days notice to terminate a month-to-month rental agreement when receiving

transfer orders.

Tiedowns (anchors holding a mobile home to the ground) are required on any mobile

home measuring 8' x 36' or larger that is not on a permanent foundation. Specifics

on type required and approved can be obtained from the Div. of Architectural Ser-

vices, Kansas Dept. of Administration, 900 Jackson, Room 107, Topeka, Kansas

(785) 296-1318. It is a criminal offense in Kansas not to have proper tiedowns.

References: MHRLTA, K.S.A. 58-25,100 through 58-25,126; Tie downs, K.S.A.

75-1226 and 75-1227.

Some cities and counties have ordinances which set out standards for mobile homes

and/or mobile home parks. Check with your own city or county for further information.

29

Basically, all prospective and current tenants

must be respected and treated equally.

Current federal fair housing laws extend pro-

tection from discrimination on the basis of

race, sex, religion, national origin, ancestry,

color, familial status and disability. This protec-

tion applies to all sections of the United

States.

Enforcement procedures in discrimination

cases include the use of administrative law

judges, the power to get injunctions, and the

power to secure awards of up to $100,000

for fair housing complaints handled thorugh

administrative or federal court procedures.

Although Kansas state discrimination laws are

in compliance with federal laws, not all local

governments have included families with

children and persons with disabilities. Some

local laws protect additional groups such as

marital status and sexual orientation.

Fair housing laws cover not only the specific

decision on whether to sell or rent to certain

persons or classes of people, but also issues

such as charging higher rent or establishing

different requirements, conditions, or services.

They cover the individuals involved, and situa-

tions involving families or guests may apply as well.

Landlords can not legally threaten you, intimi-

date you, or otherwise retaliate against you if

you stand up for your rights.

If you think you have been discriminated

against, you should definitely check out your

rights and pursue a complaint either directly

with your landlord or through the appropriate

authority. If it’s too late to make the situation

better for yourself, at least you can maybe

make it better for the next person. The fol-

lowing listing details the powers and proce-

dures for the various ways to provide fair

housing complaints.

DISCRIMINATION

LOCAL GOVERNMENT

(See box for which cities have fair housing

ordinances - next page)

GROUPS COVERED: Varies. Generally in-

clude race, sex, religion, national origin, color,

ancestry. Some include handicap, marital

status, families with children, sexual orienta-

tion and welfare income.

WHO INVESTIGATES: Volunteer board

members or paid staff.

LIMIT TO FILE: Varies. Generally 180 days.

POWERS: (1) Voluntary conciliation agree-

ments which can include cash awards, agree-

ments to rent, not evict, change management

practices, etc. (2) Public hearings before

volunteer boards, legal counsel often avail-

able. Ability to order injunctions and limits on

awards will vary. Enforcement assistance from

and appeals to District Court should be appli-

cable, but may vary based on specific local

ordinance.

HOW TO CONTACT: Call City Hall and inquire

about “Human Relations”, “Human Resources”

or “Civil Rights” board or staff.

STATE GOVERNMENT

GROUPS COVERED: Race, sex, religion,

national origin, ancestry, color, disability and

families with children.

WHO INVESTIGATES: Paid staff, based in

Topeka and Wichita, who travel the entire state.

LIMIT TO FILE: 1 year.

HOW SOON INVESTIGATION MUST

START: Respondent (the landlord) must be

contacted within 10 days.

30

POWERS: (1) Voluntary conciliation agree-

ments. (See Local page 29.) (2) Hearings

generally held in the city where the complaint

was filed. Administrative hearings, option of

using staff attorney or private counsel. Staff

hearing examiner can award actual damages,

no limit, and “pain and suffering” damages up

to $2,000.00. Decisions are enforced by or

appealed to Kansas District Court.

HOW TO CONTACT: The Kansas Human

Rights Commission is in Topeka at 900 SW

Jackson, Suite 568, South, 66612; phone

1-888-793-6874. Education specialists are

available to answer questions. You can also

obtain a copy of the Kansas Act Against

Discrimination upon request or at

www.khrc.net

FEDERAL GOVERNMENT

GROUPS COVERED: Race, sex, religion,

national origin, color, ancestry, disability, and

families with children.

Disability is the same as “handicap” and is

broadly defined to include anyone who has or

is regarded as having a physical or mental

disability (protects people with illnesses such

as AIDS, specifically does not protect people

with substance abuse problems). Landlords

must allow physically disabled tenants, at

their own expense, to make “reasonable”

modifications to a rental unit to make it

accessible. (The landlord does have the right

to insist on certain standards of workman-

ship and, in some cases, on restoration of

the property to its original condition at

move-out.)

Renting to families with children can still be

limited by occupancy limits in local housing

codes in terms of how many people a land-

lord can rent to, but buildings or complexes

which meet certain guidelines for operating

exclusively for senior citizens are the only

ones which can exclude families.

All new rental construction with 4 or more

units must be “accessible” or “adaptable”

for disabled persons. Copies of the law

are available from HUD, your library, your

congressperson and on the Internet.

Civil Rights Commissions

A 1988 state list indicates that 24 Kansas cities have fair housing ordinances.

Copies of these ordinances should be available through the City Clerk. The City

Manager or someone in a Community Development or Human Resources depart-

ment is usually responsible for investigation. Most cities have a Human Relations

Commission, a board of local citizens appointed to settle disputes.

Arkansas City

Atchison

Chanute

Coffeyville

Dodge City

Emporia

Fort Scott

Garden City

Hutchinson

Independence

Junction City

Kansas City

Lawrence

Leavenworth

Liberal

Manhattan

Olathe

Ottawa

Parsons

Pittsburg

Salina

Topeka

Wichita

Winfield

31

WHO INVESTIGATES: Paid staff of Depart-

ment of Housing and Urban Development

(HUD), based in area or regional offices, who

will travel as needed.

COST: None for investigation, might be some

for witness fees or court costs. Can be

waived if complainant cannot afford.

LIMIT TO FILE: 1 year.

HOW SOON INVESTIGATION MUST

START: Respondent must be contacted

within 10 days, investigation completed within

100 days, if possible.

POWERS: (1) Voluntary conciliation agree-

ments. (See Local and State above). (2)

Administrative hearings. Complainant assisted

by HUD investigator and HUD legal counsel,

before HUD administrative law judge. Power

of injunction, right to award actual damages

and attorneys fees, fines up to $50,000.

Hearings are to be held “in the vicinity” of

where the complaint occurred. (3) Federal

District Court, by request. Justice Department

would represent complainants before federal

judge and/or jury. Power of injunction, right to

award actual damages and attorneys fees,

fines up to $100,000. Federal courts in Kan-

sas are in Kansas City, Topeka, and Wichita.

HOW TO CONTACT: Call 1-800-669-9777

for national information or 1-800-743-5323

for the Great Plains Regional HUD office, 400

State Avenue, Kansas City, Kansas 66101

PRIVATE ATTORNEY

GROUPS COVERED: Any covered by local,

state or federal law, or other policy or regula-

tion.

WHO INVESTIGATES: Varies.

COST: Negotiable, can be high, can be low or

“contingency fee.”

LIMIT TO FILE: Federal law allows up to 2

years for private lawsuit; Kansas and local law

may vary up to 5 years depending on nature

of lawsuit.

HOW SOON INVESTIGATION MUST

START: Varies. Can take some time to pre-

pare case and get through various court

systems. In the past, however, there have

been times when this was faster and more

effective than using government procedures.

POWERS: No limit on settlements, all admin-

istrative procedures, no limit on penalties

requested or awarded.

HOW TO CONTACT: Check with local, state

and federal courts for names of attorneys

who have been involved in discrimination

cases; check with local and state bar associa-

tion “lawyer referral” programs; contact

libraries or human relations boards for names

of attorneys nationally that have been suc-

cessful in fair housing lawsuits.

THE RULE OF THUMB: If you have a com-

plaint check with local, state, and federal

levels of government or private attorneys to

see

(1) whether your particular complaint is

covered

(2) how quickly they are required to act on

and settle complaints

(3) how close the administrative or court

hearing would be to where you live, and

(4) what powers and authority they have to

get money or other judgments.

Another wise move can be to file your com-

plaint with all levels of government. Generally,

government agencies will defer down to the

most local agency that has authority in your

area. However, by filing in a timely manner

with everyone, if you are not satisfied with the

investigation at one level, you can ask the

next to assist you. Because all government

levels have time limits that you must meet for

filing, if you waited for one investigation to

finish and were dissatisfied, it might be too

late to file with the next.

32

HOW TO SHOP FOR AN ATTORNEY

When shopping for an attorney for a landlord/tenant case, you want someone who

will take care of your business quickly and inexpensively and who will win – right!?

Because landlord-tenant cases usually do not involve a lot of money, many attor-

neys are unfamiliar with that area of the law. Even your family or business attorney

may not be the best person for you. It pays to shop around!

Some things to look for:

♦ Landlord/Tenant Case Experience. How recent? How much? Landlord/

tenant law is complex. It will pay you in time, money, and success to hire

someone who is already familiar with it.

♦ Courthouse Time. Is the attorney there often? In most landlord/tenant

cases there are many papers to be filed and speed is important. If your attor-

ney is often at the courthouse anyway, speed should not be a problem and it

shouldn’t cost you extra.

♦ Initial Consultation. This is crucial if you don’t know the attorney or he or

she has not done this type of work for you before. Many attorneys charge

nothing or a small charge ($15-$25) for this. Remember, you are hiring this

person, not the reverse. If you don’t like the person or feel he or she is not

interested in your case, keep looking!

♦Estimated Fees. Get, on paper, an estimate of what this process should

cost you. Some attorneys have basic flat rates on routine processes such as

evictions. Most will charge by the hour but can still estimate what the total

should be.

You can check out the first two items by phone. Then, just as if you were getting

bids on a major purchase or repair, you might want to plan to interview three attor-

neys who sound like they might meet your qualifications.

If you run out of possible names or don’t have any in the first place, you can call

Lawyer Referral Service at 1-800-928-3111. They will give you the name of an

attorney in your area who has indicated that he or she does your kind of case (fees

range from $100-$200 per hour). For advice only, you will be connected with an

attorney on the Lawyer Advice Line (charges are $3 per minute and can be charged

to MasterCard, VISA or debit cards). If you are over 60, you can contact your local

Kansas Elder Law Hotline at 1-888-353-5337 for a referral to an attorney who is

paid with public funds to provide legal consultation (maybe not representation, but at

least advice) to senior citizens without charge.

33

Small Claims Court exists to provide a forum

for the speedy trial of fairly simple claims at a

minimal cost.

WHAT IS A SMALL CLAIM?

A small claim is defined in Kansas as a claim

for recovering money or personal property

from an individual, a business, or an organiza-

tion where the amount involved is $1,800.00

or less. It is especially useful for the collection

of a security deposit from a landlord or a

decision on who would pay a disputed repair bill.

Evictions are not handled in Small Claims Court.

WHO MAY FILE A SMALL

CLAIM?

Anyone may file a small claim, but there are

some restrictions.

(1) Most important, you represent yourself and

the landlord represents himself or herself. No one

can be represented by an attorney during a small

claims hearing. Exception: If one party is a lawyer,

the other party may hire a lawyer.

(2) Persons under 18 must be represented by

an adult.

(3) You may not authorize a third party to sue

in your behalf. (Rare exceptions to this rule can

be made with the consent of the judge in situa-

tions where, for instance, a person is senile or is

otherwise unable to represent himself or her-

self.)

(4) Collection agencies cannot use the Small

Claims Court to secure payments for their

clients.

(5) No person or entity may file for more than

ten (10) small claims in any calendar year in

any one county.

HOW DO YOU FILE A SMALL

CLAIMS SUIT?

A small claims suit should be filed in the

county where the landlord resides or has a

place of business or where the incident in

question took place. Some courts will allow

you to file on someone outside the county but

within the state of Kansas; some will not. If

your case is against someone who is out of

state, you may not be able to use the Kansas

small claims procedure.

To start a small claims suit, you must fill out a

form provided by the clerk of the court. To

find the right office, look for a sign in the

county courthouse saying Small Claims or

Limited Action or District Court.

The form you fill out is not complicated. You

must simply list your name and address, the

defendant’s name and address, and state your

claim. After you have completed the form,

return it to the clerk and pay a filing fee which

may range from $31.00 to $51.00 depending

upon the amount of the claim and the county

you are filing in. The judge may waive this fee

if good cause is shown that you cannot afford

it. You must sign the form in front of the clerk,

or, if you file by mail, you must have it nota-

rized.

If your landlord is a corporation, list any name

you think is legally involved. Often, this will

include the name of the corporation (include

owner and management company, whatever

names you have been given), the name of the

complex, and the name of the current man-

ager or agent. For the address, list the one(s)

in the county where you are filing. If you want

SMALL CLAIMS COURT

34

to find the person who will accept legal papers

for a corporation, you should go to

www.accesskansas.org/apps/corporations.

Enter the name of the corporation. The Secre-

tary of State’s records will show a name and

address for the Resident Agent. Service of

papers on that person gets the corporation

into your lawsuit.

The clerk will then assign a date and time for

your claim to be heard. The sheriff will serve a

summons on the defendant to notify him or

her of the court proceedings.

If you have not heard from the court, check in

at least a day before your hearing is scheduled

to make sure the defendant was served the

court summons. If not, you will need to give

the court any clues you can (addresses,

times, etc.) on how to find this person. There

cannot be a trial until the defendant is notified.

A publication process is available if the defen-

dant truly can’t be found.

It is important to remember that the person

you are suing may bring a countersuit against

you. So, know as much as possible about the

circumstances involved in your claim.

WHAT IF YOU ARE THE ONE

BEING FILED AGAINST?

You will receive a summons stating that the

landlord claims you owe an amount of money

up to $1,800.00 for back rent, damages, or

whatever. You can defend yourself if you feel

you do not owe the money or countersue if

you feel the landlord owes you money. It

costs nothing to countersue unless your claim

is over $1,800.00 and you choose to take it

to a higher court.

WHAT IF YOUR OPPONENT

OFFERS TO SETTLE?

Generally, to settle means to make some sort

of deal and drop the case from court.

It is advisable to settle only if you have been

paid or your items returned in full. (This settle-

ment should include any court costs and interest

desired.) If you aren’t totally satisfied, go ahead

to court and get your hearing and official judg-

ment on the entire claim.

If a case is settled, the plaintiff (person who

filed) should notify the court in writing and have

the hearing cancelled. Check with the court to

see if there is a form that can be filled out and

signed; otherwise, a letter of dismissal should

be written and delivered to the court. The de-

fendant should check with the court the day

before the scheduled court date and make sure

the plaintiff did have the case dismissed. When

in doubt, you should appear at the appointed

date and time for your own protection.

WHAT PREPARATION IS NECES-

SARY BEFORE GOING TO COURT?

Make sure you have all materials and papers

that are important to your case. It is important

that you write down all of the facts of the case

before the hearing and take them with you. You

should not expect to read this at the trial, but it

can be an important reference so you don’t

forget any details or dates when you are speak-

ing to the judge.

Be sure to inform any witnesses you have

of the date and time of the hearing. It is up to

you to see that they are there. Witnesses can

be subpoenaed by the court. However, if the

court calls them, you will have to pay a witness

fee. Depositions (signed statements from wit-

nesses) are not allowed.

If you need more time to prepare your case or

if for some very important reason (such as

serious illness) you, as either plaintiff or defen-

dant, cannot make it to court on the day of

your hearing, you must request a “continuance”

from the clerk or judge at Small Claims Court.

This must be done as far in advance as possible.

Although everyone has a legal right to one

continuance, the court may set a deadline

(usually a day or two before) after which time

none will be granted. If you fail to ask for a

35

continuance and do not appear in court for

the hearing, you may lose your right to be

heard by the judge and may automatically

lose your case.

One thing you might consider is going and

sitting in on Small Claims Court before you file

or at least before your hearing date comes

up. Every Small Claims Court hearing is public.

By attending at least one session in advance,

you will know how small claims cases are

handled by the court and the judge in your

county. The clerk’s office can advise you when

a landlord/tenant case is scheduled.

WHAT HAPPENS IN COURT?

Be sure that you appear in court on the date

and time assigned by the clerk. Get there

early! If you are not present, your side of the

case will not be heard and your opponent will win.

At the hearing, the claim is heard by a judge.

There is not a jury. You and your opponent

represent yourselves.

The only information the judge should have

ahead of time is the original claim form and

possibly a counterclaim form (though coun-

terclaim forms can be turned in at the trial).

The procedure is very simple. You present

your side of the story to the judge. In doing

so, you show any evidence and call any wit-

nesses you have to testify. The judge may

then ask questions of you and your witnesses.

Your opponent will be asked to present his or

her case and any claim that he or she may

have against you. When your opponent is

finished, the judge may question your oppo-

nent and your opponent’s witnesses.

SOME HINTS!

You may want to prepare an opening statement

– one or two sentences that summarize your

side of the case – and practice it in advance.

When presenting your case, make your state-

ments short and present any pertinent docu-

ments.

If you have any witnesses, take them with

you when your case is called. If you don’t,

they may never be called forward by the

judge. It is important to answer the judge’s

questions directly and in a calm manner.

Speak clearly, directly, and only when spoken

to. If you must interrupt or insert a point, do it

as politely as possible.

Never be rude to the judge or your opponent

either in speaking or by making gestures or faces.

WHAT ABOUT THE RULING?

The judge considers the arguments and evi-

dence and decides the validity of your claim. He

or she may award an entire request, part of it,

or none of it. If you win, the judge may order

your opponent to pay you interest and/or

reimburse you for your filing fee in addition to

the amount you asked for. The judge may

decide that your opponent’s claim is more valid

than yours and order you to pay money to your

opponent.

COLLECTING A COURT JUDGMENT

Winning in court does not necessarily mean that

you get paid promptly, in full, or ever.

Payments can be made through the court or

directly between you and your opponent. In-

stallment payments are allowed if both parties

are willing. Use receipts if you pay or get paid

directly.

Your judgment is good almost forever as long

as you keep checking in with the court and

officially renewing it at least every five years or so.

After 10 days, assuming no appeal has been

filed, the court can assist you in collecting your

money. It will be up to you to make sure appro-

priate papers are filed and to find out where this

person’s money is. You may hire an attorney or

use a collection service to assist at this time.

“Aid in Execution” and “Garnishment” are the

two court-assisted collection procedures.

36

AID IN EXECUTION

You can go back to the court clerk and ask to

have the court “aid” you in “execution” of the

judgment. Most courts will provide the neces-

sary form. There should be no cost to you.

The court will send the sheriff out with an order

summoning your opponent to return to court.

You will have to appear too. At the appointed

time, the judge will assist you in questioning the

person to determine whether a payment can be

made immediately to you directly or through

the court; whether an acceptable payment plan

can be worked out; and/or to discover where

the person banks or works so that garnishment

can proceed.

This procedure can be used as often as necessary.

GARNISHMENT

In a garnishment procedure, the court gets the

money owed you directly from your opponent’s

source of income or bank account. You will have

to find out where the person works or banks, fill

out a garnishment request form with the court

clerk, and then the court will contact the business

and arrange the garnishment at no cost to you. If

you can’t find out whether the person has income,

employment, or money, you can ask the court to

assist you through an “Aid in Execution” (see

section above).

The law permits garnishment of 25% from each

paycheck, though a certain amount must be left in

each check garnished. Welfare and social security

checks can’t be garnished. Garnishments continue

until the judgment is paid off or released.

A checking or savings account can be garnished in

one lump sum. When filing for this type of garnish-

ment, you must enter 1-1/2 times the amount

due on the form.

Give the court a week or so to issue the garnish-

ment. Once a business has received garnishment

papers, it should be holding your money. The

business must file an answer with the court.

The court will send a copy to you. Next, you

must sign or call the court for an “order to

pay in and disburse.” Then the court will collect

the money from the business and send it on to

you.

WHAT IF IT TURNS OUT THAT

THE SCOPE OF THE CLAIM IS BE-

YOND THAT OF SMALL CLAIMS

COURT?

You may decide that your claim is too complicated

for Small Claims Court or a judge may decide that.

You then have three options.

(1) You can drop the claim. Your filing fee will not

be returned.

(2) You can reduce your claim to fit the limits

of Small Claims Court, thereby waiving the right

to pursue what you left out.

(3) You can go to the next higher court level.

There you will probably need an attorney and the

fee will be higher if your claim is over $1,800.

A claim cannot be split into two suits.

CAN SMALL CLAIMS COURT DECI-

SIONS BE APPEALED?

A judgment made in Small Claims Court may

be appealed to the next higher level of the

District Court within ten days. This will give

you a trial “de novo” – completely new. You

will have to pay court fees again. Hiring an

attorney is advisable because of the complex-

ity of the forms and the legal arguments. If

you lose a second time, the judge is supposed

to order you to pay your opponent’s

attorney’s fees.

If you have any questions on how to file a

small claim, contact the appropriate court for

your county. The Small Claims Court is an

excellent channel for those who have small

claims and cannot afford an attorney. It was

created for you to use, so utilize it!

37

TENANT ORGANIZATIONS

A tenant association is a group of residents who

band together for any of a number of reasons.

It may be formed by the tenants of a single

apartment house, the tenants of a single land-

lord in many houses, or on a neighborhood

basis. Sometimes associations form on a social

basis to organize adult or children’s activities or

just to visit. Sometimes they form for security.

Sometimes they begin as defensive organiza-

tions to make specific complaints against rent

raises, evictions, or a landlord’s refusal to make

repairs.

Some tenants’ associations last for short peri-

ods of time while certain people or certain

issues are present. Others last over many years

and can develop into strong positive bases for

neighborhood activities or even community-

wide activities such as housing code enforce-

ment or neighborhood improvement.

There is no right way to organize and run a

tenant organization because each situation is

different. Still, tenant groups should keep a

number of things in mind when planning and

running an organization.

Information: Information on community

resources, landlords, local issues, and politicians

means strength for a tenant organization.

Information can be used to educate your mem-

bers and the public. It is essential in decision

making on issues and planning events. It can

also aid in obtaining public support and providing

better defense in legal situations.

Recruiting: Try and get people who are known

by a lot of tenants to help get people out to the

meetings. One-on-one personal or telephone

invitations are the best. Offer people rides.

Organize first on small problems which have

solutions or limited activities so that your group

has early successes.

TENANT

ORGANIZATIONS

Meetings: People come to meetings for a

variety of reasons – social, personal fulfillment,

fun. Potluck dinners or other ideas can increase

attendance. Set meeting times carefully to avoid

conflicts with work, social events, school

events, popular TV shows, etc. Meeting places

should be close and easy to get to. Sitting in a

circle for informal meetings would allow every-

one to see each other. A sign-up list allows

individual tenants to list their problems and/or

interests and also serves as a future reference

and volunteer list.

The point of the meeting is to get something

done, build interest, and build commitment;

people should want to come back. Agendas

should be prepared in writing and followed.

Avoid, “What do you want to do?” statements,

but have suggestions for how to proceed on

problems or activities. Encourage participation

by many. Share all information so that people

feel like they know what’s going on. A limited

time for open discussion of issues that are not

central to the work that needs to be done

should come at the end of the meeting.

Everyone should leave the meeting with some-

thing to do. Form working commitees for future

activities. This reinforces commitment and will give

members an opportunity to brag at the next

meeting (if they have done what they said they

would) or feel group pressure (if they have not).

Roleplaying: Take the part of each of the charac-

ters in a situation, either in your head or with the

group. It can be a lot of fun, and, taken seriously,

very instructive. Whether you are just trying to get

more people in your building or neighborhood out

to events that you have planned or whether you

are trying to plan arguments, tactics, and overall

strategy in a major difficult issue, understanding

the point of view from the other side can be

helpful.

Tactics: Tenant group tactics can include let-

ters, negotiation, events in public places, meet-

RentRent

RentRent

Rent

Meeting

Tonight!

Bar-B-Que

5:30 pm

Saturday!

Building #3

Garage

Sale!

38

LEGAL REFERENCES

The term “K.S.A.” refers to the Kansas Statutes Annotated. These Kansas law books are available to

you at most libraries and often can be found at business and government offices. They are also available

at www.kslegislature.org. Do a statute search using the numbers listed here. Copies of the Kansas

Residential Landlord and Tenant Act (K.S.A. 58-2540 through 58-2573), Mobile Home Parks Residential

Landlord and Tenant Act (K.S.A. 58-25, 100-58-25, 126) and other items noted below can be ordered

from Housing and Credit Counseling, Inc.

Before You Rent - Fraud on Applications, landlord remedies, K.S.A. 36-206 and 36-207; Kansas Fair

Credit Reporting Act, K.S.A. 50-701 through 50-722; Possession, K.S.A. 58-2552, 2560.

Low Rent Housing - There are volumes available on each kind of government-assisted program; the

regulations are constantly changing. Ask your manager to give you a copy of the regulation(s) you want

to see. Your state, HUD or Rural Development staff should be able to help you with further questions.

(See box with phone numbers on page 12.)

Security Deposits - K.S.A. 58-2543, 58-2550, 58-2554, 58-2562, 58-2563; 1979 Kansas Supreme

Court case Clark v. Walker, re: Forfeiture provisions; 1982 Kansas Court of Appeals case Buettner v.

Unruh, re: When move-in inventory was not done; 2001 Kansas Court of Appeals case Wurtz v. Cedar

Ridge, re: Landlord can’t keep security deposit as liquidated damages.

Leases - K.S.A. 58-2543 through 58-2547, 58-2549, 58-2556, 58-2558, 58-2565; Subleasing K.S.A. 58-

2511, 58-2512, 58-2515; Disclosure of Ownership, K.S.A. 58-2551, 58-2554; Kansas Contract Law (not

detailed here) also applies; 1975 Kansas Supreme Court case Chelsea Plaza Homes, Inc. v. Moore, re:

Kansas Consumer Protection Act does not apply; Model Leases can be ordered from Housing and Credit

Counseling, Inc.

Rules and Regulations – K.S.A. 58-2556. (Continued on following page)

ings, and, in extreme cases, such methods as

picketing or rent strikes. All activities should be

carefully and sensitively selected, timed, and

directed to meet the specific needs, goals, and

objectives established by the tenants’ associa-

tion.

Legal Help: Lawyers are a necessary aid to

any tenant group that is pursuing tenants’

rights issues. They can buy time, give advice,

and even win key cases. They may also serve

as advocates in seeking changes in the law in

legislatures and city councils. However, the

lawyer’s role should be no more than that of a

technical advisor who gives members legal

information about what might happen to them

if they try certain specific tactics. A lawyer

should be neither conservative nor militant in

presenting these choices; the best technical

advisor may be the worst political decision

maker. It is imperative that the tenants decide

whether their action in a controversy will be mod-

erate or militant.

Publicity: Leaflets, posters, and newsletters are

basic methods of keeping tenants informed about

the group’s activities and accomplishments. Tele-

phone “trees” are also very effective.

TV, radio, and newspaper coverage will also be

helpful, but the media cannot substitute for the

basic methods listed above.

Community Support: Every community group

should be aware of the benefit which comes from

exchanging advice, support, and resources with

other groups. However, do not try to pattern your

tactics or activities to be exactly like others. No

two organizations are the same; you must look

inward for your own direction.

39

Move-In Checklists – K.S.A. 58-2548; 1982 Kansas Court of Appeals case Buettner v. Unruh, re: When

move-in inventory was not done; Model Move-In Inspection Forms can be ordered from Housing and Credit

Counseling, Inc.

Rent and Late Fees – K.S.A. 58-2543, 58-2545, 58-2566, 58-2572; Damage or Destruction by Fire or

Casualty, K.S.A. 58-2562; Liens, K.S.A. 58-2567; City of Manhattan Ordinance #3081 provides for escrow of

rent under certain circumstances; Copies of the Manhattan Ordinance can be ordered through Housing and

Credit Counseling, Inc.

Landlord Responsibilities – K.S.A. 58-2543, 58-2549, 58-2553, 58-2559, 58-2561, 58-2562, 58-2563, 58-

2569, 58-2572; Damage or Destruction by Fire or Casualty, K.S.A. 58-2562; 1974 Kansas Supreme Court case

Steele v. Latimer established implied warranty of habitability ; Utility company tariffs can be obtained from

each utility company or from the Kansas Corporation Commission; Model Maintenance Request can be ordered

from Housing and Credit Counseling, Inc.

Landlord Entry – K.S.A. 58-2557, 58-2565, 58-2571.

Tenant Responsibilities – K.S.A. 58-2543, 58-2555, 58-2558, 58-2564; Possession, K.S.A. 58-2570.

Mobile Home Parks – Tiedowns, K.S.A. 71-1226 through 71-1234; Mobile Home Parks Residential Landlord

and Tenant Act - 58-25,100 - 58-25,126; Copies of this Act can be ordered from Housing and Credit Counsel-

ing, Inc.

Notice to Quit from the Tenant – K.S.A. 58-2559, 58-2560, 58-2562, 58-2563, 58-2570, 58-2571; Aban-

donment, K.S.A. 58-2565; Damage or Destruction by Fire or Casualty, K.S.A. 58-2562; 14/30 Day Notice,

K.S.A. 58-2559; Leaving Without Notice with Intent to Defraud, K.S.A. 36-206 and 36-207; Model 30-Day

and 14/30-Day Notices can be ordered from Housing and Credit Counseling, Inc.

Evictions – K.S.A. 58-2504, 58-2505, 58-2509, 58-2552, 58-2560, 58-2561, 58-2564 through 58-2572;

Court Process (Forcible Detainer), K.S.A. 61-2301 through 61-2311, Employment Related, K.S.A. 58-2504;

Liens, K.S.A. 58-2565, 58-2567; Lock-Outs, K.S.A. 58-2563, 58-2567, 58-2569; Retaliation, K.S.A. 58-2572;

City of Topeka Code 21-243 and 21-244; Service of Notices, K.S.A. 58-2510, 58-2550, 58-2554, 58-2562,

58-2563, 61-1801 through 61-1807, 61-2304; Squatters, K.S.A. 58-2509, 58-2511, 58-2512; 1983 Kansas

Supreme Court case Geiger v. Wallace established punitive damages in constructive eviction; United States

Supreme Court case Rucker v. Davis upheld “one-strike” eviction of tenants; 24 CFR Part 5, et al regard-

ing Public Housing “one-strike” rules; Model 3-Day, 30-Day, and 14/30-Day Notices can be ordered from

Housing and Credit Counseling, Inc.

Discrimination – Kansas Act Against Discrimination, K.S.A. 44-1001 through 44-1043; local ordinances;

federal Fair Housing Act of 1968 and Fair Housing Amendments Act of 1988.

Small Claims Court – Kansas Small Claims Procedure Act, K.S.A. 61-2701 through 61-2713; Aid in Execu-

tion, K.S.A. 61-2204; Garnishment and Attachments, K.S.A. 61-2001 through 61-2012.

Tenant Organizations – K.S.A. 58-2572.

Tenants Right to Organize - 24 CFR, Code of Federal Regulations, Part 245

Links for tenant organizations: National Housing Law Project (www.nhlp.org) and National Alliance of HUD

Tenants (www.saveourhomes.org)

40

Abandonment 26

Aid in Execution 36, 39

Applications 7, 38

Applications, Low Rent Housing 0-11

Behavior of Tenants 23-24, 39

Cablevision 18

Checklist (See Move-In Inspections)

Civil Rights (See Discrimination)

Collection 33, 35-36

Constructive Evictions 26-27

Court Cases 38-39

Court Procedures 27, 33-36, 39

Definitions 4

Delivering Notices 15, 24-26, 33-34

Discrimination 7, 29-31, 39

Disposal of Leftover Possessions 26-27

Entry (See Landlord Entry)

Escrow of Rent 19,39

Eviction 16, 17, 22, 24-26, 33, 39

Eviction, Low Rent Housing 11-12

Fair Credit Reporting 7, 38

Fair Housing (See Discrimination)

Fire or Casualty 19, 39

Fire Code 21

5-Day Notice 8, 19

14/30 Day Notices 19, 24-25

Garnishment 36, 39

Grievance Procedures 9, 11-12

Guests 18, 25

Heat 6

Holdover Possession (See also Possession)

26-27

Housing Code 18-19, 20-21

Housing Voucher 9-12

HUD 9-12, 29-31, 39

Illegal Activity 25

Improvements, Tenant 23-24

Inspection (See Move-In Inspections)

Insurance 8, 19

Interest 11, 13

Itemized Deductions 13-14

Kansas Residential Landlord and Tenant Act

4, 13, 16, 20

K.S.A. 38-39

Landlord 4, 15, 19, 33, 39

Landlord Entry 6, 15, 22-23, 39

Late Charges 17-18, 39

Leases 5, 7, 15-16, 19, 24, 38-39

Liens 26-27, 39

Lock-Outs 27, 39

Low Rent Housing 9-12, 38

Maintenance, Landlord 11, 18-19

Maintenance, Tenant 23-24

Military 24

Mobile Homes 4, 20, 28, 38-39

Month-to-Month Agreements (See Rental

Agreements)

Move-In Inspections 6, 13, 16-17, 39

Move-Out Inspections 13-14

Normal Wear and Tear 13-14

Notice to Quit from Landlord (See Eviction)

Notice to Quit from Tenant, Improper 14, 25-26

Notice to Quit from Tenant, Proper 19, 24, 39

Possession 7, 8, 14, 26, 39

Public Housing 9-12

Recertification 11

Rent 6, 9-10, 17-18

Rent Date 17

Rent Payment 17-18, 23, 25, 39

Rent Raise 17-18, 22

Rent Withholding 19

Rent Agreements, Written and Verbal 5, 7, 15-16

Repair and Deduct 19

Retaliation 22, 25, 26

Roommate 5, 13, 24

Rules and Regulations 7, 16, 39

Rural Development 9-12

Sale of Property 6, 14-15

Section 8 9-12

Security Deposits 11, 13-15, 17, 19, 38

Service of Notices (See Delivering Notices)

Small Claims Court 14-15, 19, 33-36, 39

Special Agreements 5, 7

Subsidized Housing (See Low-Rent Housing)

Tax Credit/Section 42 9-12

Tenant 4, 23-24, 39

Tenant Organizations 37-38, 39

30-Day Notice from Landlord (See Evictions)

30-Day Notice from Tenant (See Notice to

Quit from Tenant, Proper)

3-Day Notice (See Evictions)

Trailers (See Mobile Homes)

Utilities 6, 26, 39

Warranty of Habitability 19, 27, 39

Weatherization 20

Week-to-Week Agreements 24

INDEX

41

Tenant-Landlord ♦ ♦

♦ ♦

♦ Homebuyer ♦ ♦

♦ ♦

♦ Consumer Credit

Tenant-Landlord Publications Available:

Kansas Tenants Handbook

Kansas Landlords Handbook

Model Lease and Move-In Inventory

Form Notices For Landlords

Form Notices For Tenants

Kansas Residential Landlord and Tenant Act

Relevant Court Cases and Local Ordinances

Mobile Home Parks Residential Landlord and Tenant Act

Order From:

HOUSING AND CREDIT COUNSELING, INC.

1195 SW Buchanan, Suite 101

Topeka, Kansas 66604

(785) 234-0217

Email: hcci@hcci-ks.org

Website: hcci-ks.org