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Can a Landlord Charge You for Rent if Youve Moved Out and They Are Renting Out the Place Again

Written By Friday, 20 May 2022 Add Comment Edit

Find up-to-date resources and forms here.

This webpage is dedicated to explaining the issues that Kansas tenants might face, as well as their legal rights before, during and after the tenancy. While this webpage is focused on non-federal housing, similar information apropos federal housing can be found here {insert link}.

Additionally, Kansas Legal Services has prepared up-to-date legal forms and resources to support tenants. When the information below refers to sharing notices to your landlord or filing legal documents, please check this link for an example.

More detailed information on the topics below tin can be found in the Kansas Tenant Handbook.

Hither is a helpful pamphlet prepared by the Kansas Bar Association with education aboutyour legal rights in eviction.

Table of Contents

Click on the department championship that you desire to read.

 1.Moving In

 two.  Tenancy

 3.  Housing Discrimination

 4.  Eviction

 five. Legal Proceedings

 6.  Personal Property

 7.  Moving Out

 eight.  Security Deposit

 nine. Instructional Videos

10.  Helpful Legal Forms

Moving In

Watch a short video about what you demand to know when moving into a new place.

Lease and other documents

  • Your lease is an agreement to rent betwixt you (the tenant or renter) and the landlord. This agreement lays out the terms of the contract between y'all and your landlord. It sets the ground rules for your tenancy.
  • Whenever you lot accept a dispute with your landlord, check your charter to detect out whether the dispute is addressed there. Usually, disputes with your landlord will exist addressed by the lease. If not, the law fills in the gaps.
  • Multiple tenants may be listed on the same lease understanding, simply if your co-tenant fails to pay or moves out earlier the lease, and so you will all the same exist obligated to make total rent payments.
  • A separate written agreement amidst co-tenants can help avoid such bug from coming up and assistance address them if they practice.
  • Always keep a copy of your charter!

Security Deposit

(see more on Security Deposit below)

  • When you lot sign your charter, your landlord can require a security deposit. This deposit provides security to your landlord in case you damage the property during your tenancy – but be sure to read your lease for the specifics.
  • The amount your landlord can charge for a security deposit depends on what blazon of place you are renting.
  • If your unit is unfurnished, the landlord can just ask for up to one month's rent.
  • If your unit of measurement is furnished, the landlord tin inquire for upwardly to i-and-a-half month's hire.

Pet Deposit

  • If you have a pet, your landlord can require an boosted eolith that amounts to one-half month's hire.
  • But if you have a certified service or assistance animal, federal law prohibits your landlord from charging an additional deposit for your service or help animate being. You are however responsible for any impairment caused by your animal, even though your landlord cannot accuse an up-front deposit.

Inspection

  • You should take a movement-in inspection inside 5 days later on your lease starts. During this inspection, you and your landlord go through the property to identify and certificate whatever damages you see.
  • After both you and your landlord examine the belongings for amercement, yous will both sign a document listing all of those damages.
  • If the landlord promises to set up whatever of the problems yous find during your inspection, make certain you go this promise in writing! Fifty-fifty if the hope is via text or email, it is meliorate to have those promises recorded.
  • Keep a re-create of the movement-in inspection list with your lease. This document could exist incredibly important upon moving-out. When you move out, the landlord will again examine the property and identify any damages. Unless y'all tin prove those amercement were there before you lot moved in, your landlord volition probably take the price out of your security deposit.
  • Pictures can help supplement your move-in inspection list, but please make certain y'all have a copy of the list too.
  • If your landlord volition not exercise an inspection with you, get ahead and exercise ane yourself. Be sure to consummate the inspection inside 5 days of moving in. A sample form can exist institute at this link. In one case completed, ship a copy directly to your landlord.

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Tenancy

Watch a short video almost your rights and responsibilities every bit a tenant.

Habitability

  • Landlord obligations and paying rent
  • Your landlord is responsible for providing livable conditions. This commonly includes things like running water, plumbing, heat, electricity and other similar essentials. Whether your landlord is responsible for less pregnant bug is determined by the lease – be certain to keep a re-create!
  • As tenant, you are obligated to pay your landlord monthly rent. This obligation to pay hire is split and singled-out from your landlord'south obligation to provide a livable holding. In other words, if you withhold hire because your residence has serious maintenance or utility bug, your landlord tin still try to adios you for nonpayment of rent.
  • Further, the landlord is not responsible for damage you cause to the property or whatever damage caused by your family unit, guests or pets. For example, if your h2o is close off because yous were unable to pay for utilities, the landlord is not at fault. As another example, if your sewer backs upward, the landlord would be responsible for maintenance – though if yous caused the trouble, your landlord can require you to pay for the repairs.
  • Maintenance

Landlords are obligated to provide maintenance and repair conditions that brand the property unlivable. Your landlord might also promise to provide maintenance for other issues, merely that will exist addressed by your lease.

  • If your apartment needs maintenance, gear up a list of repairs that demand to be made. So, ship that list of repairs to your landlord, with a request that your landlord make the repairs past a certain date. Information technology is always all-time to make these maintenance requests in writing.
  • As tenant, you may also make the repairs yourself, simply only if yous sign a separate agreement with your landlord to undertake the repairs. The cost of the repairs tin can be taken out of your adjacent rent payment (or some other adequate bounty). Notably, if work must be completed to comply with edifice codes, the landlord should brand those repairs rather than the tenant.
  • Uninhabitable living weather condition
  • Sometimes, your landlord may not provide livable conditions. Even after you provide them a specific listing of needed repairs, they may fail or refuse to make repairs, rendering your home unlivable. In these circumstances, you can sue your landlord or stop your lease. But it is important that you non withhold rent before going to courtroom or terminating your lease. If you do withhold hire – even if your home is unlivable – you could take trouble collecting back hire or pursuing your counterclaims. Instead, nosotros recommend checking with your local housing code inspector (if 1 exists), earlier choosing one of the options below.
  • Before anything else, you should check with your local housing authority, if ane exists. In many jurisdictions, the local government has inspection authority to enforce their housing and building codes. If you can make contact with them, they might be able to help force per unit area your landlord into making repairs.
  • You may exist able to cease your lease. To do so, you must give your landlord 30 days' discover that you lot intend to terminate your lease agreement because of the unlivable conditions in your residence. Besides, the termination appointment has to fall on a periodic rent-paying date, i.e., if you usually pay rent on the beginning of the month, your termination date has to be the offset of the calendar month – and as well give 30 days' detect. Make sure you give your landlord a written notice and that yous keep a copy for your records. Once your landlord receives that notice, they have 14 days to brainstorm repairs, otherwise the lease terminates on the engagement you specified.
  • You likewise may exist able to sue your landlord. If your residence is unlivable, you may bring a lawsuit against your landlord to right the unlivable atmospheric condition and bring your residence into compliance with your lease. You tin can likewise recover whatever amercement you have sustained, including harm y'all suffered from the unlivable weather condition equally well every bit hire that y'all paid to the landlord just should not have had to pay because of the unlivable conditions.

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Housing discrimination

  • The federal Fair Housing Act prohibits discrimination in the sale or rental of housing. This means your landlord cannot discriminate against your or other tenants on the ground of race, gender, religion, familial status, disability or ethnicity. For more in-depth information, delight check out this link.
  • For tenants with disabilities, the landlord must provide reasonable accommodations. This means that your landlord should not ask discriminatory questions upon application and definitely should non deny housing merely because a prospective tenant has a disability. Information technology too means your landlord should provide reasonable accommodations to tenants with disabilities in terms of the rules and regulations the landlord sets equally well as the practices implemented and services provided. So long as a asking for reasonable accommodation is not "disproportionately burdensome," your landlord must grant that request under federal law.
  • But even under the Fair Housing Act, your landlord can consider things background problems such as criminal history, credit rating and financial stability when deciding whether to rent to the prospective tenant.
  • If you lot believe you take suffered discrimination when attempting to buy or hire a residence, you lot tin file your fair housing complaint online with the federal Department of Housing and Urban Development at this link. You lot may also find resources and support with the Kansas Human Correct Commission at this link.

Landlord right of entry

  • Your landlord has a correct to enter the property that yous hire from them. Commonly, your landlord can only enter after giving you reasonable notice (often 24 hours), and entry into the residence should occur during reasonable hours (not too early or as well tardily in the day). If your landlord enters your residence without providing you lot notice – and assuming there was no emergency – you should submit a written demand to your landlord that they not enter without ensuring you were given notice.
  • In the example of emergency, your landlord can enter your residence any time and without observe.
  • Because your landlord has certain rights to enter your residence, information technology is important to make certain they have updated contact information for yous in case y'all are not dwelling when they need to enter. Farther, your landlord may be entering your residence to conduct maintenance or even address pests, and then it is important that you tell your landlord whether you have whatever pets and what sensitivities they may have.

Rules and regulations

  • Your landlord is allowed to implement rules and regulations for the residence (and any surrounding property they own or manage). These rules and regulations should be listed in or attached to your charter. Exist sure to read them carefully before agreeing to the charter. There may be rules and regulations – such equally no pets or no dissonance after certain hours – that volition be difficult for y'all to follow depending on your circumstances. Reviewing the rules and regulations before signing the charter agreement can be crucial to avoiding bug with your tenancy.
  • Any rules and regulations implemented by the landlord must exist applied equally to all tenants.
  • Further, the rules and regulations should be geared toward providing a do good to the tenant's welfare or protecting the landlord's property. In other words, the tenant must follow any rules and regulations that are fair, reasonable and provided to the tenant when the tenant enters into the lease agreement.
  • Your landlord can as well change the rules and regulations that utilize to your tenancy after you sign the lease understanding, but your landlord must requite you reasonable notice of the change. This notice could include placing a written document in a mutual area or taping it to your forepart door.

New tenants

  • Always cheque with your landlord earlier assuasive someone else to move in with yous who was not on the lease agreement. If someone moves in with you, and the landlord does not know it, you might be in violation of the charter understanding. In such circumstances, your landlord can probably begin the eviction process.
  • If yous desire to sub-lease your apartment to someone else, you should read your charter agreement carefully. Some leases volition completely prohibit sub-leasing the property, while others will set guidelines for how to do so, such as written consent from the landlord.

Natural disaster

  • Unfortunately, our homes can exist struck by burn down, flood, tornado or some other natural disaster. When a natural disaster renders your home unlivable – either by destroying it completely or substantially impairing your ability to live in that location – yous practice not accept to stay there. You also take the pick of terminating your lease if you are unable to return.
  • After leaving the holding, you should tell your landlord within 5 days whether you lot want to terminate the charter.

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Eviction

Watch this short video on almost everything yous demand to know about eviction.

No self-help past landlord

  • No matter the circumstances, your landlord is not allowed to evict you lot by themselves. Whenever your landlord wants to evict you, they must either have your agreement or get a courtroom order.
  • This means your landlord cannot try to evict you past shutting off the utilities or changing the locks. If this happens, you may be able to sue your landlord for amercement upwards to one-and-a-half months' hire.

Nonpayment of rent

  • Whenever your hire is late, your landlord has the option of kickoff the eviction process. To do and then, your landlord must give you lot a "iii-Day Notice" document that explains your rent is past due and that yous have 3 days from the date of the notice to pay whatever rent that is due. And so long as you pay your rent inside 3 days (or 72 hours) of the notice, you will be defenseless up and the landlord cannot pursue eviction.
  • Even later on the 3 day period, yous can however offer to pay back the rent that is owed to your landlord. If your landlord accepts the payment without reservation – and you are all caught up – then your landlord cannot file for eviction.
  • If your landlord tries to dodge payment, you can mail service them the rent due. This will provide a verifiable and dated record of when yous paid your hire. If y'all decide to go out your rent with the landlord or at their office, exist sure to get a receipt of payment. At the very least, have a motion picture of yous dropping off rent to confirm the appointment of payment.

Material noncompliance with lease

  • Your landlord may also believe you are not complying with the lease agreement, such as past having a pet without permission or using the residence opposite to the lease terms. To adios you, the landlord must provide a notice to you that you have fourteen days to correct the trouble, otherwise yous will take to vacate thirty days after you get the find. In other words, the lease will terminate xxx days after the notice date, unless you can correct the problem in 14 days.
  • If yous receive such a notice, you accept 14 days to begin correcting the problem identified by the landlord. Once you take corrected the issue, exist sure to transport written notice to your landlord and go on a copy for your records.
  • Significantly, if you have another breach of the lease agreement of the aforementioned (or similar) blazon afterwards that fourteen-twenty-four hour period period, your landlord has the right to cease the charter, even if you corrected the first result. Your landlord volition need to provide you lot 30 days' observe before the lease is terminated, but you cannot avert lease termination by trying to accost the 2d breach.

Terminating tenancy

  • Your landlord might endeavour to cease the tenancy at the end of the natural charter term. In other words, your landlord may not permit yous to renew your tenancy at the end of the lease. Normally, your landlord's right to terminate the tenancy will exist spelled out in the lease understanding. And in well-nigh cases, your landlord will have to provide you at least thirty days' notice that they plan to not renew your lease.
  • Read the lease carefully. Many leases will allow landlords to only give 30 days' find to terminate the lease, but will require the tenant to provide fifty-fifty more time (such every bit 60 days' notice) before terminating the lease.
  • If you are on a month-to-month tenancy, without a charter agreement, both y'all (as tenant) and the landlord can stop the tenancy with at to the lowest degree 30 days' notice. Also, the termination date has to land on a periodic rent-paying engagement, i.e., if you unremarkably pay rent on the start of the month, your termination date has to be the offset of the month – and also give 30 days' notice.
  • Your landlord can bring a lawsuit to evict y'all if yous stay past the date the charter is terminated.

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Legal proceedings

Discover

Before commencement legal eviction proceedings, your landlord must provide you 3 days' notice to leave the residence. This ways your landlord must wait at to the lowest degree 72 hours after providing you this detect before filing papers to start the eviction lawsuit.

This notice is not a court document and does not have to exist notarized.

This 3 day observe to leave the residence is separate and distinct from the other types of notice your landlord must provide you concerning nonpayment of rent, material noncompliance with your lease or termination of your charter. To bring a successful eviction lawsuit, your landlord must provide both types of notice. Oftentimes, though, your landlord will provide 1 document that provides both types of notice, i.e., a notice that you have 3 days to pay rent or vacate the premises, otherwise the landlord will seek eviction. This type of dual notice is sufficient nether the law.

Petition and summons

  • After providing discover, your landlord can start an eviction lawsuit by filing a petition to the court, which generates a summons to you to participate in the legal proceedings. Your landlord will need to serve both the petition and the summons on you to proceed – usually through personal service, only besides sometimes via mail service or past posting on your door.
  • The petition is a legal document filed by the landlord that explains why you are beingness evicted, the amount of hire you owe (if any) and any other damages claimed by the landlord. In this document, the landlord will ask the court to order you to vacate the property and pay any damages they allege you owe. If at all possible, you should respond to the petition past filing an reply (described beneath).
  • The summons is a document generated by the court that sets a hearing date and time. You must show up to this hearing at the engagement and time listed on the summons. Exist sure to review the summons carefully because the hearing date and time might be simply a day or 2 later you are served the summons and petition.
  • Missing the court date listed on the summons has serious consequences. Your landlord will be able to take a default judgment confronting you – meaning the court will requite them whatever they asked for, whether y'all concur or not. If you miss this court date, you tin be evicted immediately.
  • If yous cannot attend court on the date and time listed on the summons, you lot should contact the court immediately about seeking a continuance and follow their process to do so. Yet, continuances are often non immune without the landlord'southward understanding.
  • Answer and counterclaims
  • If you disagree with the petition, so you should attempt to file an answer with the courtroom. Kansas Legal Services has developed a template answer that you can use. This answer document volition clarify to the court that you contest the allegations fabricated by your landlord and what defenses you accept. When filling out the respond, it is ok to deny whatever allegation that is partially untrue or cannot exist verified. You should too list every bit many possible defenses every bit you reasonably can. An all-encompassing list of possible defenses is provided in the template answer.
  • In addition to your respond to the petition, you should heighten whatever counterclaims you may have against your landlord. Your counterclaims tin can be included in the same document as your answer, as demonstrated by the template higher up. Like with defenses, you should try to raise any counterclaims that you think can exist justified. Counterclaims are especially helpful because they can give you negotiating leverage with your landlord. For instance, y'all tin offer to dismiss your counterclaims in substitution for your landlord dismissing their claims (and possibly agreeing to sign a new lease). And if y'all go along to trial, your counterclaims can provide a buffer against whatever back-rent or other amercement you may owe.
  • You should call the court clerk most the best way to file your answer and counterclaims. They may suggest you mail information technology to them or request you lot drib information technology off at the court. Either way, y'all will besides need to mail a re-create of the answer to your landlord or their chaser. Endeavour to do all of this before the date and time listed on the summons.

Pre-trial appearance

  • An eviction proceeding has 2 court dates. The outset court date and time will be listed on the summons. The date and time listed will be xiv days or less after the summons was issued past the courtroom (meaning sometimes your landlord will accept to asking a new summons if they did not serve you in time).
  • At this first hearing, you brand your initial appearance to the court. In some counties, you volition appear before a judge to need a trial. In other counties, you lot simply demand a trial by filling out some papers with the courtroom. Either way, you must prove up to demonstrate that you are challenging the petition. If you lot take non filed your answer or counterclaims beforehand, you should be able to submit your arguments at this hearing. In that case, you should still try to file and serve your respond after the hearing.
  • At the cease of this hearing, the court will set up a trial appointment. The trial date will be set 14 days or less after the initial hearing (usually less). Equally tenant, you volition not be able to request a continuance of this trial hearing, unless yous file a bond with approval of the court.
  • If you practice not show up to this first hearing, the court volition likely take default judgment against yous and award your landlord whatever they requested. This can include immediate eviction.

Trial

Your trial engagement will involve both you and your landlord presenting your cases. In that location will not exist a jury – the trial will be conducted and decided past the approximate.

  • Bring any bear witness that is important to your defenses or counterclaims to the trial. You practice not need to submit your evidence earlier the trial. But at trial, it will be crucial to properly innovate the evidence to the courtroom. Before going to court, practise your best to organize the documents that are important to your instance. When yous need to introduce a certificate at trial, you should tell the courtroom that you are introducing an evidentiary showroom. Then, you should explain what the evidence is, draw why it is relevant to your instance and that the bear witness is real and authentic (or at least a re-create of real and authentic show).
  • At the close of trial, the judge will decide whether to grant or deny your landlord's petition, too as address any counterclaims y'all raised. If your landlord wins, the approximate volition outcome an club declaring the landlord is entitled to possession. One time your landlord has that possession order, they may request a writ of restitution, which is an official court document saying that you must vacate the residence. The writ of restitution can exist enforced past the sheriff equally well as a special procedure server. Enforcement must occur inside 14 days – though sometimes it happens far more quickly, such every bit a matter of hours.
  • Y'all need to exist prepared to exit the residence on the day of your trial. While information technology is not guaranteed that yous will be forced to go out that day, it is entirely possible. Once the courtroom problems the writ of restitution, you must immediately vacate the property (with or without your possessions). If you practise non, you may be arrested for criminal trespass. Consequently, it is important to brand arrangements to store your personal holding in case you are evicted. When the sheriff or process server comes to put you lot out, they will usually only requite you a few minutes to pack some small belongings.

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Personal property

Storage

  • Sometimes, tenants leave behind personal holding later on leaving their former residence. This might occur accidentally subsequently formally terminating your lease with your landlord. It might likewise occur through eviction proceedings, where a tenant is put out before they tin can collect their property. In such circumstances, your landlord is entitled to take possession of the residence and store your possessions at your expense.
  • If your landlord takes possession of your personal property after vacating the residence, y'all have at least 30 days to recover those property – or any time before your landlord sells your belongings. To recover your personal property, you will need to pay your landlord the costs of storage as well as any other coin owed, such as back-rent. In one case you do that, your landlord is obligated to return your belongings. If they do non return your things, y'all may be able to sue them for improperly converting (i.east., stealing) your personal holding.
  • After xxx days, if you accept not paid your landlord dorsum for storage costs and whatever other money owed, your landlord is allowed to sell or throw abroad your things. Any proceeds from the sale of your personal property should be practical to storage costs outset, and and so to any other debts y'all may owe your landlord. If money is left over, your landlord is allowed to keep it.

Publication and sale

  • Your landlord has to wait at least 30 days to sell any personal property that you left backside.
  • In addition, your landlord must also publish notice that they are going to sell your personal belongings at least 15 days prior to the sale. This notice should be published in a paper of full general circulation in your county.
  • Also, your landlord must postal service you a detect of the sale inside seven days afterward publishing notice of the sale. In that manner, you lot should become specific notice that your belongings may exist sold.
  • If your landlord sells your personal property without following these rules, yous may exist able to sue them for illegally converting your property and thus exist liable to you for the cost your belongings.

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Moving Out

Watch this curt video most what you need to know when moving out of a rental property.

Security deposit render

  • When you motion out, your landlord must return your security deposit, unless certain conditions apply.
  • If y'all owe back-hire, the amount of rent due can be claimed from your security eolith.
  • If you damaged the residence or left information technology less clean than when you lot moved in, your landlord can take the cost of repair out of your security deposit. Only this condition does non apply to normal wear-and-tear. If the only damage identified past the landlord is normal article of clothing-and-tear, they should not deduct anything from your security deposit.
  • To recover your security deposit, you must move out entirely, notify your landlord that you accept moved out, return the keys and make a written demand for the security deposit. Once yous practise those things, your landlord should make up one's mind the residuum of the security deposit owed to you lot. Afterward making that decision, your landlord has only fourteen days to render your security eolith to you.
  • Overall, your landlord has no more 30 days to return the portion of the security deposit owed to yous after yous motion out and submit your written need. If your landlord wants to go on some or all of your security deposit, they need to write to you within 30 days of moving out with an itemized list of amounts they are withholding.
  • If your landlord does not return your security eolith, even afterwards you took all the necessary steps, y'all may be able to sue your landlord. In that lawsuit, you could recover the portion of the security deposit due to you every bit well as an amount of money one-and-a-half times the amount your landlord wrongfully withheld.
  • Generally, you cannot use your security deposit to pay your concluding calendar month of rent. If you endeavor to do so, you will forfeit your security eolith and besides exist liable for that month'southward rent. The merely way for yous to use your security deposit for rent is an explicit agreement with your landlord.

Rules for moving out

  • Your rules for moving out should be detailed in your lease agreement. Review those rules carefully.
  • Nigh importantly, you lot will likely exist required to requite your landlord at least xxx days' notice that you volition be leaving the residence at the end of your charter term. Make a note in your calendar to notify your landlord equally required by your charter. Even though the charter may only terminal one yr, your tenancy does not automatically cease when the charter does. In such circumstances, you volition likely be subject to a month-to-month tenancy until you properly vacate the property. For example, if you move out simply do not notify your landlord, y'all might owe another calendar month of rent even though you alive elsewhere.
  • If you lot are already on a month-to-month tenancy, you must give at least xxx days' notice that you program to terminate the tenancy. In improver, the date of termination must be a normal rent-paying engagement – if y'all pay rent on the commencement, your termination date should also be on the first (and too at least thirty days out).
  • When you lot provide notice that you will be moving out (or whatsoever time before moving out), you should send a written need to your landlord that you desire whatsoever remaining security deposit back. You should likewise provide a forwarding address for your landlord to send that eolith to you.
  • When moving out, y'all should gear up an inspection listing that mirrors your motion-in inspection list. Keep this move-out inspection list, along with a copy of your lease and the move-in inspection list. It is also helpful to take photos and video of the status of the holding when you motion out. These documents, photos and video could be of import to receiving the proper corporeality of your security deposit.

Service members

  • If y'all have enrolled in armed forces service or are an active service fellow member, you lot have the correct to terminate your lease agreement so long as certain conditions are met. Even if the lease agreement does non allow you to terminate the lease, you may do so if you receive permanent alter of station orders, or an club to deploy with a military unit of measurement or if you are called to support a military performance lasting at to the lowest degree 90 days.
  • If i of these conditions arises, and you demand to break your lease, you should immediately notify your landlord and provide them with a copy of your service orders. This can be done through hand delivery or, if necessary, through certified post or a private business mail carrier like UPS or FedEx.
  • Once you deliver or mail the detect to your landlord, your tenancy volition end 30 days afterwards the mean solar day that rent is side by side due nether your lease agreement. For example, if rent is due on June 1, and you provide notice to your landlord on May 28, then the tenancy volition terminate on July one. In this scenario, you lot are responsible for rent for the month of June and the charter ends at the cease of the month.
  • But if yous were on a month-to-month tenancy, you may finish the lease with but fifteen days' find to your landlord.

Be sure to provide your landlord with a forwarding address in case they need to render your security deposit or otherwise contact you about the tenancy.

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Security Deposit

How much can a security deposit be?

  • IF the unit of measurement does not accept furniture in it, the landlord cannot ask for more than one calendar month's hire

(Unit of measurement WITHOUT furniture -> maximum 1 month's rent)

  • IF it does have furniture, the landlord cannot ask for more than than one and one half month's hire

                       (Unit WITH furniture -> maximum ane+one/two month'due south hire)

A landlord may also ask for a pet deposit, which cannot be more than half of ane month's rent.

How tin you get your security deposit back?

Your landlord MUST return your security deposit, UNLESS:

  • You owe dorsum rent
  • You did not leave the unit of measurement as make clean as information technology was when y'all moved in
  • There was damage to the unit that happened while you were renting it
    • IF the impairment is normal wear and tear you would look to see, like fading paint, then the landlord cannot deduct ANYTHING from your security deposit.
    • IF the harm is more than ordinary wear and tear, like a hole in a wall, the landlord can take out the amount it would cost to return the unit to how it was when you moved in. The rest of the security deposit not spent on cleaning or repairing the unit HAS to be returned to you.

Does the landlord have a deadline to return my security eolith?

If y'all have not already done and so y'all should demand the return of your security deposit.

The landlord must return the balance of the security eolith to the tenant within 14 days afterwards the determination of the amount of his "expenses, amercement or other charges" but in no consequence should the landlord have any more than thirty days to become that done. K.S.A. 58-2550.

 The law requires the tenant to be entirely vacated. Besides many tenants leave and never make information technology clear to the landlord they have vacated. Information technology is not until the landlord "knows" the tenant has vacated that the 30 days begins to run.

Hither is a form that y'all can use to demand your security deposit back.

If this grade does not become your deposit back, yous may want to accept your landlord to Pocket-size Claims Court.

 Use thisguided interview to help you create a legal certificate that you can file in Minor Claims Courtroom for the render of your security deposit.By clicking HERE , you volition be taken through a series of questions that will fill out the course you need for your state of affairs.

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VIDEOS

Housing & Credit Counseling, Inc. (HCCI) of Kansas has a series of videos that are designed to help tenants with landlord/tenant problems.

Evictions

For a video that gives you more information on evictions and the eviction processclick here

Leasing Agreements

This video informs you nearly the differences between leases, sub-leasing, if y'all can break your charter, what kind of term your lease is, terminating your lease, and what information you need to know most your lease.

Notice

This video informs you how to give notice to your landlord, how many days you accept to requite notice, and what kind of observe the landlord must give you lot.

Security Deposit

This video informs you lot about the amounts of security deposits, how to get your deposit back, how long the landlord has to return your deposit, and the list of amercement the landlord must give you if the landlord withholds some of the deposit.

Motility-In & Move-Out Inspections

This videoinforms y'all about what the landlord and tenant must do upon move-in, what to expect for when moving in/out, and the small-scale claims court procedure.

Tenant Rights

This videoinforms you about maintenance requests and what the landlord is responsible for repairing.

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Helpful Forms for You lot, Especially During COVID-19 Pandemic

The following forms can be found at https://www.facebook.com/notes/kansas-legal-services-manhattan/tenant-forms-in-progress/2332628046776297/.

They are maintained in this format so that they can be easily changed past KLS staff, as work on these forms continues.  These forms are in a .pdf format.

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Updated January. 3, 2022

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wenzelmagireer.blogspot.com

Source: https://www.kansaslegalservices.org/node/1934/tenant-issues-and-rights-kansas-renters

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