1KANSAS LANDLORDS HANDBOOK

Written and Produced byHOUSING & CREDIT COUNSELING, INC.1195 Buchanan, Suite 101Topeka, Kansas 66604(785) 234-0217E-mail: hcci@hcci-ks.org2FOREWORDAs we celebrate the 30th Anniversary of Housing and Credit Counseling, Inc., we are proud to bringyou the 2nd Revision to the third edition of our Kansas Landlords Handbook. New information aboutGovernment Housing Assistance, Purchase of Tenant Occupied Property, and Protecting of ConfidentialInformation has been included. We have also made a few clarifications and updates in text.The cities of Dodge City, Emporia, and Ottawa have been added to the list of cities that have adoptedhousing codes. There have been changes to Topeka.s housing and property maintenance codes aswell. Contact local city offices to pick up current copies of these codes and others.In these days of concern about crime-free and drug-free housing, we encourage you to use theSample Occupancy Policy and we also encourage you to pay special attention to the chapter onApplications and Screening. The best approach to challenges in this area is prevention!!!Many people assisted with our revisions to this handbook as well as our Kansas Tenants Handbook.We especially would like to thank...Outside of Agency: Dennis P. Harwick, Executive Director, Kansas Bar Association; 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.; PatrickDelapp, Shawnee County Landlords Association, Inc.; Sandy Watson, Landlords Incorporated ofKansas City, Kansas; Richard Jackson, ECKAN of Ottawa, Kansas; Matthew Brady, Dodge CityHousing Authority; Mike Gurnee, City Planner, Dodge City, KansasHousing and Credit Counseling, Inc. Staff: Dee Daniels, Debbie Eubanks, Brandy Holmes,Louise Kirkpatrick and especially Cornell Mayfield and Jonell PassarielloSpecial Thanks: A special thanks to the Boeing Company, Wichita, Kansas, for contributing theprinting of this handbook. In particular, thanks to Debbie Gann, Public Affairs Manager andBob Clark, Printing Services Lead.We hope this Handbook continues to be as useful to you, and the people with whom you share it, asour previous publications have been.Enjoy!Karen A. HillerExecutive Director & AuthorHousing and Credit Counseling, Inc.April 2003Copyright 1985, 1990, 1994, 1996, 1999, 2003Housing and Credit Counseling, Inc.1195 Buchanan, Suite 101, Topeka, Kansas 66604Material in this book is dated. If your Kansas Landlords Handbook is very old, you may want todouble-check your information with an attorney or local housing counseling center or contactHousing and Credit Counseling, Inc. for information about a new publication.3TABLE OF CONTENTSDefinitions ..................................................................................................... 4ChaptersApplications and Screening Procedures .......................................................... 5Discrimination .......................................................................................... 13Security Deposits ..................................................................................... 18Rental Agreements ................................................................................... 22Rules and Regulations ............................................................................... 26Move-In Inspections ................................................................................. 27Rent, Collection, and Late Charges .............................................................. 29Tenant Responsibilities and Improvements ................................................... 33Landlord Responsibilities and Improvements ................................................ 35Landlord Entry ......................................................................................... 39Notices to Terminate From The Tenant ........................................................ 41Evictions ................................................................................................. 45Small Claims Court ................................................................................... 54Tenant Organizations ................................................................................ 58Landlord Organizations .............................................................................. 60HighlightsSample Occupancy Policy .......................................................................... 6-7Local Civil Rights Commissions ................................................................... 14Mobile Home Parks ................................................................................... 17Keep Your Relationship Businesslike ............................................................ 28Illegal Activity/Party Shacks ....................................................................... 32Housing Codes ......................................................................................... 34Examples from Topeka.s Housing Code ........................................................ 37How to Shop for An Attorney ...................................................................... 44

Lead-Based Paint Regulations ..................................................................... 53Government Housing Assistance ........................................................... 62-63IndexReferences after each chapter generally refer to KSAs, Kansas Statutes Annotated.These law books can be found at most libraries and many businesses and governmentoffices. Copies of the Kansas Residential Landlord and Tenant Act, Mobile Home ParksResidential Landlord and Tenant Act, rent escrow ordinances, form notices, and relevantcourt cases can be ordered from Housing & Credit Counseling, Inc. by phone,mail or through HCCI.s website www.hcci-ks.org. Kansas statutes, as well as mostlocal ordinances, are available on the Internet.4DEFINITIONSThe text of this book has been prepared in accordance with the Kansas Residential Landlord and TenantAct. Under that Act,TENANT is defined as .a person entitled under a rental agreement to occupy a dwelling unit tothe exclusion of others..LANDLORD is defined as .the owner, lessor, or sublessor of the dwelling unit, or the building ofwhich it is a part, and it also means a manager of the premises who fails to disclose as requiredby K.S.A. 58-2551..OWNER is defined as .one or more persons, jointly or severally, in whom is vested: 1) all or partof the legal title to property; or 2) all or part of the beneficial ownership and a right to preventuse 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 or more persons having a joint orcommon interest, and any other legal or commercial entity.. (K.S.A. 58-2543)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 bythis Act:(a) Residence at an INSTITUTION, public or private, if incidental to detention or the provision ofmedical, 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 apart, 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 astructure 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 uponemployment in and about the premises;(f) Occupancy by an owner of a CONDOMINIUM unit or holder of a proprietary lease in aCOOPERATIVE; and(g) Occupancy under a rental agreement covering premises used by the occupant primarily forAGRICULTURAL purposes.. (K.S.A. 58-2541)The definition of .dwelling unit. says that it .. shall not include REAL PROPERTY USED TOACCOMMODATE A MOBILE HOME unless such mobile home is rented or leased by thelandlord.. (K.S.A. 58-2543) Refer to KSA 58-25,100 through 58-25,126 for detailed statutesregarding mobile homes.5APPLICATIONS ANDSCREENING PROCEDURESStart out by doing a good job of setting policies,educating tenants about your propertyand policies, and carefully screening applicants.You will wind up with a much higherpercentage of people who pay their rent ontime, observe your rules and regulations, andremain with you year after year.Fair housing considerations are very important,both because you want to be an .equalopportunity. landlord and because penaltiescan be serious if you violate the laws. If youare unfamiliar with fair housing laws, you maywant to read the Discrimination chapter (nextin this book) now, then come back to thischapter.SETTING POLICIESStart out by having in mind what you arelooking for in the way of tenants, in generaland for each property.Use the Applications and Checking Referencessection in this chapter, step by step, to thinkthrough what things you will insist on andwhere you are flexible. Then, develop yourown Occupancy Policy. This policy may vary

slightly from property to property. That is OK,as long as you know why and it is nondiscriminatory.(See Sample Occupancy Policy in thischapter.)To be useful, policies should be written down.You may not want to hand out copies of yourscreening standards, but you should be willingto discuss them with any prospective or rejectedtenant.EDUCATING TENANTS ABOUTYOUR PROPERTYHave a copy of your lease (if you use one)and your rules and regulations available fortenants to review when they first look at yourproperty. (See chapters on Rental Agreementsand Rules and Regulations for more informationon these.) There is no point in goingthrough the application and screening procedureif the tenant is not aware of and agreeableto all of your terms.Restrictions and Allowances Tenantsshould know in advance whether you will berestricting pets or pet walking areas, playareas, car washing or repair, ham or CB radiousage, waterbeds, and the like. Optionalfeatures such as garage space, gardeningprivileges, lawn mowing, snow shoveling, ordeductions from rent for certain work or improvementsshould be mentioned.Special Conditions Bring up anythingunusual to the property. For instance, perhapsthe rent has been adjusted to cover the factthat lights in common spaces or an appliancethat serves more than one unit are hooked toan electric or gas meter for which the tenantwill pay the bill. Perhaps a basement leaksand, though the tenants can use it, you wantto warn them that any possessions storedshould be up on blocks and that you will notbe liable for damage. Maybe you will be reservingstorage space in a garage or attic foryour own use.Items like these should be in writing somewherefor the tenant.s information and yourlegal protection. You might even want to makesure they are signed or initialed by the tenantif they are not in the lease or rules.ADVERTISING METHODSYou can advertise any way you want -- wordof-mouth, sign in the window, sign in theyard, newspaper ads, whatever.6Be careful to be accurate Misrepresentationscan come back to haunt you (tenants wanting toget out of contracts, etc.). For example, becareful about what you represent as bedrooms.Sleeping porches, basements, oversized closets,and the like can be used for sleeping or livingspace only if they are cleanable, dry, reasonablyweathertight, have safe exits, etc. (Check yourlocal housing code, if there is one.) Advertisefireplaces only if they work. Advertise appliancesonly if you plan to be responsible for them.Advertising must comply with fair housinglaws also. Preferences such as .mature women.or .single men only. can not be stated. Newspapersand other advertising media are subjectto the same penalties as landlords if illegaladvertising is used. Legally allowable rules orrestrictions or identifying information such as.upstairs apartment. or .no guests or liquor.can usually be stated. (See chapters on Discriminationand Rules and Regulations for furtherdetails.)

When prospective tenants begin to call or come by,make a practice of noting down the date,time, name and phone numbers. This servestwo purposes: (l) If a discrimination complaint isever filed against you, you will be able to showhow you processed the applications, and (2) Ifsomeone backs out of a commitment to rent yourunit, you can go back to your other prospects,possibly getting a replacement tenant sooner andnot having to re-advertise.SAMPLE OCCUPANCY POLICY1. Equal Opportunity Statement No person/s shall be denied the opportunity to apply foravailable housing or be denied the opportunity to lease or rent any suitable dwelling if theyhave been determined eligible. We,___________________________________________(Owner, Manager, or Name of Complex) shall not discriminate on the basis of race, creed,color, sex, disability, familial status, or national origin in leasing or other disposition of housingor related facilities included in any developments under our jurisdiction.2. Occupancy Standards The following are standards that prospective tenants must meetto rent in my/our properties. Prospective tenants whose application or reference informationindicates they do not meet these standards should expect to be declared ineligible for occupancy.However, before such determination is made, consideration shall be given to favorablechanges in the family.s pattern of behavior, lapse of time since the offense, or other extenuatingcircumstances which offer reasonable assurance that the tenants can meet these OccupancyStandards.Accuracy in Application Information We expect all application information to be completeand true.Adequate Income It is important to us that tenant income is adequate to support reasonableliving expenses, as well as to make rent and installment payments in full and on time.Rent On Time and In Full History of chronic late payment or non-payment of rent notacceptable.Proper Notices Tenants who have not given proper notices prior to maintenance complaints,for change in lease status, for notice to vacate/terminate, and in other lease-requiredor appropriate situations will be rejected unless adequate explanation can be made.Good Housekeeping We expect our property to be maintained in a clean manner. .Clean.will be defined to mean free of dirt, grease, impurities, or extraneous matter. Establishmentthat prospective tenants were responsible for any condition that seriously affected property7by causing infestations or foul odors, accumulation of trash/garbage, creation of fire hazardsand/or severe damage to premises and equipment will be cause for rejection.Good Neighbors We expect patterns of behavior from our tenants, members of theirhouseholds (including pets, if allowed), and their express or invited guests which do notendanger the life, safety, morals or welfare of other persons. This includes physical violence,gross negligence or irresponsibility which damages the equipment or premises inwhich the tenant or others reside. This includes threats or behavior indicating an intent toassault other tenants, neighbors, a landlord, or representatives of a landlord. It includesneglect of children which endangers their health, safety, or welfare; history of objectionableconduct resulting from alcohol or substance abuse or frequent loud parties; and othersituations which have created serious disturbances to family or neighbors.History of Recent Serious Criminal Activity Not Acceptable This includes cases inwhich a member of the applicant.s family was or is engaged in prostitution, sale of narcoticsor drugs, or other criminal activity (includes property loss or damage and physical violenceor sexual crimes against individuals) provided that involvement in such activities shall notbe a ground for denial if it occurred more than five years prior to the application and thereis no evidence that this behavior has continued.Special Considerations for Particular Properties If the tenant is to be responsible forparticular tasks . lawn mowing, for instance . landlord will expect appropriate skill or financialability to hire the work done as well as reliability to see that the task is completed in atimely manner.3. Occupancy Limit ________ (Federal fair housing law says that any reasonable local,state, or federal code applies in determining the amount of habitable space required toaccommodate a person and or family of a given size and composition. In the absence of alocal or state code, the landlord has the right to establish reasonable occupancy limits .not family based . with a maximum acceptable number of occupants per unit. (HUD saystwo to a bedroom.)4. Leasing of Dwelling Unita. Rental Term ________________________________________________Weekly, monthly, 6 mo., 1 yr., etc.b. Lease Type ________________________________________________Verbal or writtenc. Rules/Special Conditions ________________________________________d. Lease Change If at any time during the life of the lease agreement a change inthe resident.s status (i.e. birth of child, death of household member, divorce) resultsin the need for changing or amending any provision of the lease, a new lease agreement must be agreed to and/or signed.

5. Security Deposit $______________ Prior to an application being accepted, amonetary deposit will be required. If the applicant is rejected, the deposit will be returned.(It is permissible to charge a nonrefundable application fee instead and not request thesecurity deposit until an application is accepted). If the applicant withdraws after the applicationis in process, the landlord has the right to recover his/her losses.8SCREENING PROCEDURES.Screening. means to evaluate each applicantbased on your particular set of criteria . youroccupancy policy. It is important to treat everyonewho contacts you the same.Do not .pool. applications in order to selectthe .best.. It could be discriminatory. The firstperson who meets your standards should behoused.Screening techniques vary from landlord tolandlord. Some just look people in the eye,talk to them a little and make a decision toaccept or reject them. Some just note down afew references and make a phone call or two,and others have tenants fill out applicationforms, make phone calls, and/or pay for creditchecks. Because the 1988 Fair HousingAmendments Act established new administrativeand judicial enforcement mechanisms andprovides for monetary penalties for violationsof discrimination, it is more important thanever for landlords to document how theyaccept or reject an applicant. Even if you didnot intend to discriminate, you can be foundguilty.Copies of written agreements and lists of rulesor regulations should be available for tenantsto review. Any special agreements desired orproblems with the property should be explained;any related written documents shouldbe offered for review.Professional screening is done by having allprospective tenants informed about yourproperty and policies, having them complete athorough application form, actually confirminga selected number of references, and comparingboth written and verbal reference informationto your occupancy policy..Rental reference. or .consumer reporting.services (available in some cities) will check avariety of references for you for base feesranging from $20 to $30. Check your localdirectory.APPLICATION INFORMATIONThe questions below follow the sections ofHousing and Credit Counseling, Inc..s ModelRental Application Form (available separatelyfrom this handbook). These are questions thatyou first ask your prospective tenants, thenyou double-check with their references. Youshould check with your city.s local HumanRelations office for inquiries that may be prohibitedby local civil rights ordinances.1. Applicant Informationa. What are the exact names of alladults and children who will live fulltime in the household?b. What are the household members.birth dates and ages?c. What is the sex of each member?d. What are their social securitynumbers?e. What is their marital status?It is important to know who will be occupyingyour premises and who is just visiting. Socialsecurity numbers, sex, and ages of householdmembers will help you to identify the rightperson if you do a credit and/or reference

check. Date of birth can help you determine ifa 17 year old is about to reach the age ofmajority. Check marital status for clues as towhether there are other family members notlisted as members of the household, or thatthere might be unlisted credit problems relatedto a recent separation.2. Residence Historya. Where are the last 3 places they haveresided? If they didn.t live together,get separate references.b. What were the dates of residence?If they did not live at places longerthan 1 year, why?c. Should you expect good references?Were there any problems?d. Get names and phone numbers forthe former landlords.9Remember, the current landlord may reallywant these folks out, so your second or thirdlandlords back could be your better references.3. Employment & Incomea. Who are their current employers andhow long have they worked for them?(If less than 1 year find out why, and ifthe work is seasonal find out if theincome is also.)b. What is their net income?c. Is the job expected to last at least90 days?d. Are there other sources of income?Length of time on the job also can showstability and that the income is fairly steady.4. Bank History & Credit Referencesa. Does the applicant have a checkingor savings account? Where?b. Do they have outstanding creditobligations? Where?c. Have they paid their credit obligationson time?Bank and credit references will help you todetermine if applicants pay their bills and alsogive you valuable references in the unlikelyevent you have to later trace this person orgarnish assets.5. Personal References . Get Three.Character references are a good source ofinformation regarding a person.s ability to be agood tenant and can confirm that this tenanthas or has not had a stable lifestyle.6. Convictionsa. Has any member of the householdbeen convicted of a felony? How longago?b. What was the conviction for?c. Has the person continued to exhibitsimilar criminal behavior?Landlords have the right to take into considerationa person.s felony convictions. Check atthe courthouse for this type of information.7. PetsLandlords have the right to refuse pets exceptassistive pets/service animals. When pets areallowed, type and size may be limited.8. Cars . How Many?a. What are the applicants. driverslicense numbers?b. What is the make, year, and licensenumber of each car?This information will help you to cross checkreferences and determine parking arrangements.Ask to see a drivers license at thispoint or when the application form is complete

to see if photo, address, number and signaturematch what has been given to you.9. Physical Modifications RequestedModifications to provide physical accessibilitymust be allowed to disabled tenants who canafford them. Others are optional. If the tenanthas requested modifications for which he orshe is responsible:a. Can he or she afford the work personallyor otherwise secure necessaryfinancing?b. Are the workers proposed reputableand do the materials meet yourstandards (if the tenants are to dothe hiring)?10. EmergenciesGet the name, address and phone of a closerelative or friend who lives outside the homewho could be contacted in case of an emergency.This can be very important in case somethinghappens to the tenant (i.e. illness/injury thatrequires hospitalization) or something happensto you and the tenant is unavailable to get amessage.1011. Legal ReleaseFor your own protection and to protect referencegivers, you should have a Legal Releasesigned by all adult prospective tenants beforeyou start your check. (It can be at the end ofan application form or separate.) The followinglanguage would be acceptable: I/we agree toallow (landlord.s name) authorization to investigateany personal, financial, criminal, andcredit records, through investigative or creditchecking means of the landlord.s choice forthe purpose of determining my/our acceptabilityto rent property at (address). (Signature)CHECKING REFERENCESYou can do your own checking by phone or inperson, or you can have someone else do itfor you.You have the right to check with both listedand unlisted references.All landlords are covered by the Fair CreditReporting Act. Information gathered by you isto be used by you in your business only andshould not be shared by you with others.PROCEDURE - Have your list of questionsprepared in advance. Introduce yourself. Writedown the name of the person you are talkingto.When you ask questions, try to phrase themso the person has to give you a completeanswer rather than .yes. or .no.. For instance,if you ask .Did they give notice?,. aformer landlord could answer .Yes. when infact the tenants had told him two days beforethey were leaving when he asked them whythey were moving boxes. Open questionssuch as .how much notice did they give?..was notice written or verbal?. And so on, willgive you more complete information. You maywant to practice your questions on someoneelse before you use them.Always ask if the reference can suggest anyconcerns not already mentioned that you andthe prospective tenant might need to workon.Always complete landlord or personal referenceinterviews by asking the person to makea final positive statement about why youmight want to rent to this applicant.Always thank the person.

Rental References Ask how much therent was and whether it was paid promptly.Ask how long the tenants were there,whether they were under a long-term lease,and whether the lease commitment wasfulfilled. Ask if proper notice to vacate/terminate was given. Ask if the tenants keptthe property in good condition and whetherthe landlord or neighbors ever felt the tenantswere excessively noisy, demanding orcomplaining. Ask if the security deposit wasreturned and, if not, why not. Finally, ask ifthe landlord would rent to these tenantsagain. Don.t delude yourself into thinkingreferences are good when they are not.Beware of desperate landlords who will givegood references in hopes of getting rid ofundesirable tenants!Drop in unannounced on the tenants at theircurrent residence if that is feasible. You willnot only get a true picture of how the homeis maintained, but you will also see if thereare motorcycles on the porch or in thehouse, how many people are there, etc.Employment References Ask how long theperson has been there and whether the job ispermanent (person is off probation, job isexpected to last). You may want to ask aboutthe person.s work habits (promptness, productivity,etc.). Ask for verification of pay.(Some will directly give you a quote on hourlyor annual pay, but the policy of many is to askyou what figure you have, then they will.verify. whether their payroll informationagrees.) If the employer won.t give you information(some won.t), you will have to ask11the tenant to bring you a recent pay stub, taxreturn, or statement from the employer.Bank References As long as you have theaccount number and signed release, banksshould be willing to confirm whether the personhas open checking or savings accounts,how long the accounts have been open andwhether there have been overdrafts. Theseare good indicators of stability and reliability.Banks are unlikely to be willing to give youaccount balances; since that can change soquickly, it.s not particularly useful informationanyway.Credit References The credit source shouldgive you the date the account was opened andfor how much, the date of the last payment,the current balance, regular payment amount,and the number of late payments (if any) andhow late they were.The over 30 credit bureaus in Kansas coverthe whole state. They will check credit andfinancial references for a base fee of $5 to$15. Fees are less for members, but all have aone-time user contract and fee schedule.Credit report information is also available viathe Internet. All of the bureaus are connectedto national or international networks.Some collection agencies, especially those thatdeal with bad checks, will make reports availablefor a fee.Personal References Ask each person howlong he or she has known the prospectivetenants and in what capacity (relative, work,church, socially, etc.). Ask the person to citethe tenants. most recent address(es) andemployment. (This is a chance to confirm whatthe tenant has told you. Sometimes, you will

get different information!) Ask how manypeople are in the household, and how manyvehicles there are. Are there pets? Ask whatthis person knows about the prospects. housingexperiences . good? bad? ever had hassleswith landlords or neighbors? troublesomeguests or roommates? Ask about the prospectivetenants. housekeeping and how well theytake care of other peoples. property. Ask howmuch company the tenants usually have andwhether the person is aware of visitors stayingfor long periods of time. Based on what youhave learned from other references, ask anyother questions you want. Especially in thissituation, make sure to wrap up your conversationby asking the person to tell you somethinggood about the tenants that would make youwant to rent to them. This will end your conversationon a comfortable note, easing thereference.s anxieties somewhat about you andwhat he or she has just told you.Convictions/Court Cases You can contactthe District Court in the county or countieswhere your prospective tenant has recentlylived. Give as complete a name as you can andask if the person has sued or been sued in thepast couple of years. Court records are publicand you may have to go in person to ascertainthe information. Many counties now postrecords on the Internet. This simple check canturn up not only criminal information, but alsocredit or other noteworthy items.DECISIONS/REJECTIONS/DISCLOSUREIf you reject a tenant, you are not required bylaw to tell the tenant why, though it is a goodidea. Without disclosing sources, you can generallystate the problem area and the tenantwill confirm it. If one reference was particularlybad, you can name it and offer the tenant thechance to check with the source and correctanything erroneous. Give a deadline if thishappens. Your occupancy standards, as long asyou are consistent, will support your acceptanceor rejection. And remember, keep theinformation you gather to yourself. Fair CreditReporting says you have the right to it only foryour own use.PROTECT CONFIDENTIALITY OFINFORMATIONBe sure all information you have collected iskept in a secure, confidential place at all times.12References: Use of Premises K.S.A. 58-2558; Kansas Fair Credit Reporting Act, K.S.A.50-701 through 50-722, Fraud K.S.A. 21-3705. A Model Rental Application Form with instructionalbooklet can be ordered from Housing & Credit Counseling, Inc..Identify theft. is a major issue these days.You do not want there to be any possibilitythat an applicant.s credit card or bankaccount numbers would be copied andmisused because you left a completedapplication lying around where someonebesides you could see it.APPLICATION DEPOSITSAND FEESIt is a good idea to ask for a deposit (eitherthe entire security deposit or at least $50)when an application is filled out. Insist thatthe security deposit be paid in full as soonas a tenant is accepted, no matter howlong it will be until the move-in date. Thisdeposit is your assurance that the tenantseriously wants to rent your property andyour insurance against financial losses if

the tenant changes his or her mind.Another way to handle this, if you regularlyuse an application form and incur expensesin checking references, is to charge a nonrefundableapplication fee ($15 to $30 iscustomary), then ask for the security depositonly after the application is accepted.You should be as speedy as possible in yourapplication processing/reference checking.Inform the tenant approximately how long the.check. will take. There is some merit to theargument that some tenants make when askingfor their money back because, hearing nothingfrom the landlord to whom they had appliedand needing a commitment, they had goneahead and found another place. Make sure younotify the tenants .yes. or .no. just as soon asyou have made your decision.If you reject an applicant, you must return anydeposit collected.If you accept an applicant, then the applicantwithdraws, you have the right to keep moneyfrom the security deposit to cover your actualitemized cash losses. (See chapter on SecurityDeposits for more detail.)13DISCRIMINATIONBasically, all prospective and current tenantsmust be respected and treated equally.Current federal fair housing laws extendprotection from discrimination on the basisof race, sex, religion, national origin, ancestry,color, familial status and disability. Thisprotection applies to all sections of theUnited States.Enforcement procedures in discriminationcases include the use of administrative lawjudges, the power to get injunctions, andthe power to secure awards of up to$100,000.00 for fair housing complaintshandled through administrative or federalcourt procedures.Although Kansas state discrimination laws arein compliance with federal laws, not all localgovernments have included families withchildren and persons with disabilities.Fair housing laws cover not only the specificdecision on whether to sell or rent to certainpersons or classes of people, but also issuessuch as charging higher rent or establishingdifferent requirements, conditions, or services.They cover the individuals involved and situationsinvolving families or guests may apply aswell.Many landlords fear that, to protect themselves,they must rent to anyone who comesalong. This is not true. The key to avoidingproblems with civil rights claims is to haveroutine standards that are not discriminatory.(See chapters on Applications and Screening,Leases, Rules and Regulations, Landlord Responsibilities,and elsewhere in this handbook.)Then you can explain why you rejected,evicted, or took some other action against anindividual and show that you have applied thesame standards to all of your other tenants.If you live in one of your rental propertiesyourself and there are four or fewer livingunits, most levels of fair housing law exemptyou from prosecution for discrimination in thatproperty. This exemption does not apply tomanagers, only to owners. Also, this exemptiondoes not allow you to advertise in a discriminatorymanner.

The following listing details the powers andprocedures for the various sources of fairhousing complaints:LOCAL GOVERNMENT(See box for which cities have fair housingordinances - page 14))Groups Covered: Varies. Generally includerace, sex, religion, national origin, color, ancestry.Some include age, disability, marital status,families with children, welfare income.Who Investigates: Volunteer board membersor paid staff.Limit to File: May vary. Generally 180 days.How Soon Investigation Must Start: Varies.Generally 10 days.Powers: 1) Voluntary conciliation agreementswhich can include cash awards, agreementsto rent, not evict, change managementpractices, etc. 2) Public hearings beforevolunteer boards, legal counsel oftenavailable. Ability to order injunctions andlimits on awards will vary. Enforcement assistanceand appeals to District Court should beapplicable, but may vary based on specificlocal ordinance.How to Defend: Generally can handle personally.Can be represented by an attorney.14For Information: Call City Hall and inquireabout .Human Relations,. .Human Resources.or .Civil Rights. board or staff.STATE GOVERNMENTGroups Covered: Race, sex, religion, nationalorigin, ancestry, color, disability andfamilies with children.Who Investigates: Paid staff, based in Topekaand Wichita, who travel the entire state.Limit to File: 1 year.How Soon Investigation Must Start: Respondent(the landlord) must be contactedwithin 10 days.Powers: 1) Voluntary conciliation agreements.(See above.) 2) Hearings generallyheld in the city where the complaint was filed.Administrative hearings, option of using staffattorney or private counsel, staff hearingexaminer. Can award actual damages, no limit,and .pain and suffering. damages up to$2,000.00. Decisions are enforced by orappealed to Kansas District Court.How to Defend: Generally can handle personally,especially at investigation level. Can berepresented by an attorney.For Information: The main office is inTopeka at 900 SW Jackson, Suite 851 South,66612, phone (785) 296-3206. The Wichitaoffice is at 1071 S. Glendale, Parklane OfficePark, 67218, phone (620) 681-2911. Educationalspecialists are available to answer questions.Either office will send you a copy of theKansas Act Against Discrimination upon request.FEDERAL GOVERNMENTGroups Covered: Race, sex, religion, nationalorigin, color, ancestry, disability, andfamilies with children.Disability is the same as .handicap. and isbroadly defined to include anyone who has oris regarded as having a physical or mentaldisability (protects people with illnesses suchas AIDS, specifically does not protect peoplewith substance abuse problems). Landlordsmust allow physically disabled tenants, at theirown expense, to make .reasonable. modificationsto a rental unit to make it accessible.

(The landlord does have the right to insist oncertain standards of workmanship and, insome cases, on restoration of the property toits original condition at move-out.)Renting to families with children can still belimited by occupancy limits in local housingcodes in terms of how many people a landlordcan rent to, but buildings or complexes whichare operated exclusively or almost exclusivelyfor senior citizens are the only ones which canexclude families.LOCAL CIVIL RIGHTS COMMISSIONSArkansas CityAtchisonChanuteCoffeyvilleDodge CityEmporiaFort ScottGarden CityHutchinsonIndependenceJunction CityKansas CityLawrenceLeavenworthLiberalManhattanOlatheOttawaParsonsPittsburgSalinaTopekaWichitaWinfieldCurrently, 24 Kansas cities have fair housing ordinances. Copies of these ordinances shouldbe available through the city. A Community Development or Human Resources departmentis usually responsible for investigation. Most cities have a Human Relations Commission, aboard of local citizens appointed to settle disputes.15All new rental construction with 4 or moreunits must be .accessible. or .adaptable. forthe disabled persons. Copies of the law areavailable from HUD, your library, your congressperson and on the Internet.Who Investigates: Paid staff of Departmentof Housing and Urban Development (HUD),based in area or regional offices, who willtravel as needed.Cost: None for investigation, might be somefor witness fee or court costs. Can be waived ifcomplainant cannot afford.Limit to File: 365 days (1 year).How Soon Investigation Must Start: Respondentmust be contacted within 10 days,investigation completed within 100 days, ifpossible.Powers: 1) Voluntary conciliation agreementswhich can include cash awards, agreements torent, not evict, change management practices,etc. 2) Administrative hearings. Complainantassisted by HUD investigator and HUD legalcounsel, before HUD administrative law judge.Power of injunction, right to award actualdamages and attorneys. fees, fines up to$50,000. Hearings are to be held .in thevicinity. of where the complaint occurred.3) Federal District Court, by request. FederalDepartment of Justice would represent complainantsbefore federal judge and/or jury.Power of injunction, right to award actualdamages and attorneys. fees, fines up to$100,000. Federal courts in Kansas are in

Kansas City, Topeka, and Wichita.How to Defend: Generally can handle personally,especially at investigation level. Recommendattorney if goes to administrativehearing or to court.For Information: Call 1-800-669-9777 fornational information or 1-800-743-5323 forthe Kansas City Regional HUD office, 400State Avenue, Kansas City, KS 66101.PRIVATE ATTORNEYGroups Covered: Any covered by local, stateor federal law, or other policy or regulation.Who Investigates: Varies.Cost: Negotiable, can be high, can be low, or.contingency fee..Limit to File: Federal law allows up to 2 yearsfor private lawsuit, Kansas and local law mayvary up to 5 years depending on nature oflawsuit.How Soon Investigation Must Start: Varies.Can take some time to prepare case andget through various court systems. In the past,however, there have been times when this wasfaster and more effective than using governmentprocedures.Powers: No limit on settlements, all administrativeprocedures, no limit on penalties requestedor awarded.How to Defend: Hiring attorney recommended.The Rule of thumb, if you are contacted by afair housing investigator, is to be as cooperativeas possible. Many times, complaints can beresolved simply by a visit with you.Make sure you do not threaten, intimidate, orotherwise retaliate against tenants who filecomplaints. Even if a complaint is totallygroundless, or the tenant is a bad tenant,negative action by you is not appropriate andcan weaken your position.If an investigator finds .no probable cause,. thecase will be administratively closed which willend it unless the tenant is able to file a timelycomplaint with another level of government orhires an attorney.16To find a good defense attorney, checkwith local, state, and federal courts fornames of attorneys who have been involvedwith discrimination cases. Check with localand state bar association .lawyer referral.programs. Contact libraries or human relationsboards for names of attorneys nationallythat have successfully defended fair housinglawsuits. Even if you do not hire the nationallyprominent person, that attorney couldbe a good resource for your local attorney.(Also see How to Shop for an Attorney elsewherein this book.)References: United States Civil Rights Act of 1968, Title VII, as amended by the Fair HousingAmendments Act of 1988, 42 U.S.C. 3601 through 3619, 3631; Kansas Act Against Discrimination,K.S.A. 44-1001 through 44-1043; local ordinances.17The Kansas Mobile Home Parks Residential Landlord and Tenant Act is patterned after theKansas Residential Landlord and Tenant Act and applies to owners of mobile homes rentinglots. Where the mobile home and the lot are rented, the Kansas Residential Landlord andTenant Act (the law described in this book) applies. Most of this book applies to mobile homeowners as well EXCEPT:l The security deposit on a mobile home lot can be as much as two times the lot rent,but pet deposits are not addressed.l The park owner is to maintain security deposits in a separate account, but payment ofinterest is not required.l When a park is sold, the owners must notify each tenant in writing of the amount ofthe security deposit transferred to the new owners. Tenants have 20 days to dispute theamount in writing.

l A lease can be for a maximum of one year only.l When no written lease exists, 60 days notice to quit must be given by either party.l Renewable, written 30-day leases require only 30 days notice to quit.l No move-in inspections of the lot are required, but it.s a good idea.l A mobile home owner can give a 14/30 day notice for any period . it.s not tied to therent due date as with residential tenants.l Any improvements on the lot made by the mobile home owner are the property of themobile home owner and can be removed at move-out.l A mobile home is considered abandoned if rent is more than 3 days late and the mobilehome owner is absent more than 30 days. The homeowner is responsible for all pastdue lot rents, removal and storage costs, utilities due and costs of serving any lienholders.Costs begin accruing from the date of written notification.l A mobile home owner on active military duty renting a lot CANNOT give 15 daysnotice (as residential tenants can do) to terminate a month-to-month rental agreementwhen receiving transfer orders.Tiedowns (anchors holding a mobile home to the ground) are required on any mobilehome measuring 8. x 36. or larger that is not on a permanent foundation. Specifics can beobtained from the Division of Architectural Services, Kansas Department of Administration,900 Jackson, Room 107, Topeka, KS (785) 296-1318. It is a criminal offense in Kansas notto 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/ormobile home parks. Check with your own city or county for further information.MOBILE HOME PARKS18A security deposit is money which you collectfrom the tenant prior to move-in and holdthroughout the tenancy as insurance that thetenant will not leave owing you money. Ingeneral, the security deposit can be used byyou after the tenant moves out for past-duerent, physical damage to the property, and/orfor other itemized expenses that you suffer ifthe tenant breaches the rental agreement.You do not have to charge a security deposit,but it is highly advisable. Keep in mind thatsimply to replace a piece of carpeting, forexample, can cost $200 to $1,000.LIMITSFor an unfurnished dwelling, Kansas law allowsa landlord to charge as much as the equivalentof one month.s rent as a security deposit. Fora furnished dwelling, a landlord can charge asmuch as one and a half month.s rent. It isimportant to remember that if you are rentingto roommates and charging each person asecurity deposit, the total cannot go over thelegal limits.If pets are allowed, a pet deposit equal to asmuch as one-half month.s rent (the total, notper pet) can additionally be charged.Some landlords try to charge nonrefundable petor cleaning deposits or fees. The legality ofthese is questionable primarily because of interpretationsof the law regarding security deposits.Their usefulness is questionable as well.Tenants are often less careful about cleaning ifthey do not have the deposit return as an incentive.Also, if cleanup or repairs cost more thanthe fee, it could be argued that the fee is thelimit of the tenants. liability. That would not begood! If you expect abnormal wear and tearbecause of certain tenants or pets, or you needmore income to cover your standard pre-rentalcleaning and improvements, you should probablysimply charge more rent.SECURITY DEPOSITSPAYMENTSome tenants may say that they don.t haveenough money to pay the entire securitydeposit and the first month.s rent at the sametime. If you choose, you can allow tenants tomake payments over a period of months, but

this is inadvisable. If a tenant does not haveenough money to pay the security deposit atmove-in, how can you be sure that the personwill be able to pay the rent in the months tocome? Three-day eviction notices (see Evictionschapter) are available only for nonpaymentof rent, not nonpayment of securitydeposits. If you agree to a payment plan, getit in writing.PURCHASE OF PROPERTYIf you have purchased a property where thereare already tenants in place, you want to makesure of the security deposit situation. Technically,the law says that when a rental property issold, the former landlord is responsible to returnwhatever security deposit was owed to thetenant. As a practical matter, what normallyhappens is that when the purchaser acquiresthe business property, the purchaser also acquiresits assets and debts. Therefore, you needto get from the former owner and confirm withthe tenant the amount of the security depositpaid at the initial move-in. A short note or lettershould be sent to the tenant stating that thesecurity deposit of $XXX has been transferred toyou. If there was no security deposit with theoriginal owner or you want to charge a highersecurity deposit than was originally held, youhave the right to do this. In a month-to-monthtenancy, the best way to handle this is to givethe tenant a notice in writing at least 30 days inadvance of a rent-paying date, stating that youare requiring $XXX additional security depositand it is to be paid on or before the next rentpaying date. If you have acquired a propertywhere the tenant is under a long-term lease,you will need to wait until the end of the lease19to adjust the security deposit as well as, ofcourse, the rent or any other lease provision.INTERESTA private landlord in Kansas is not required topay interest on security deposits. If you arewilling to do so, you should agree at the timeof payment on a fixed percentage rate, eithersimple or compound interest, that the interestwill be paid at move-out time, and that, if thetenant owes the landlord more than the securitydeposit, the interest will be applied to thecharges before any remainder is returned tothe tenant.Some tenants offer to do cleanup and repairsin lieu of paying a security deposit. This mustbe carefully agreed to: How many hours atwhat rate? Who pays for supplies and materials?When must the work be done? Will thetenant get a cash deposit if they move out andleave the place in good condition? In anyevent, the agreement should be in writing andattached to the rental agreement.NO USE DURING TENANCYThe Kansas Residential Landlord and TenantAct says that if a tenant attempts to use thesecurity deposit for maintenance charges,other charges, or rent owed during the courseof the tenancy, the tenant can forfeit thesecurity deposit and still owe the charges. Thisincludes the last month.s rent.Two Kansas Supreme Court decisions on thisissue, however, indicate that this forfeitureprovision may only be enforceable when languageabout that is included in bold face in awritten lease.If tenants suggest that you use a security

deposit during the course of a tenancy, simplytell them that it is illegal and refer them toK.S.A. 58-2550 if they don.t believe you.REASONS FOR WITHHOLDINGA security deposit can be kept by the landlordfor itemized deductions from three categories. accrued rent, physical damages above andbeyond normal wear and tear, and other damages.1) .Accrued Rent. is rent that was due andowing before the date the tenant returnedpossession to the landlord. For instance, ifyour tenant gave notice on May 31 for a June30 move-out but did not pay June.s rent, thatwould be accrued rent and could be withheldfrom the security deposit. Whether the tenanthas given notice to the landlord or the landlordhas given notice to the tenant, the tenant doesowe the last month.s rent.2) .Physical damages above and beyondnormal wear and tear. are damages causedby the tenant, the tenant.s family, guests, orpets. You have the right to bill the tenant forlabor, cleaning, or repairs that you have hireddone. You also have the right to bill the tenantat a reasonable rate, similar to what youwould pay someone else, for your own laborin doing repairs or cleaning. Check with yourlocal court to see what rates they allow for alandlord.s personal labor..Normal wear and tear. can vary dependingon the age and condition of the dwelling andwho is occupying it. Your move-in inspectionsheet (see Move-in Inspections chapter)becomes very important here because youdon.t want to charge this tenant for damagescaused by a previous tenant.Paint is an issue that comes up often. A generalrule of thumb is that it should not benecessary to paint within six months, and thatone would expect to paint even with thetenant in place after four years. Regardless ofhow long a tenant has been there, if the paintis of a quality or condition that makes it difficultto clean, it may be hard to hold a tenantresponsible for it. If a landlord normally repaintsbefore re-renting a unit, but the tenanthas caused damage which requires specialpreparation prior to painting (such as specialprimer paint needed to cover smoke, stains,marks, grease, etc.), the deposit could be heldto pay for the special preparation but perhapsnot the entire paint job.20Carpeting is another issue that comes upoften. If a carpet has been left dirty, a landlordneeds to consider what condition it was in atmove-in time, what efforts the tenant made toclean, and whether further cleaning will solvethe problem. A tenant can be liable for yourattempts to clean or re-clean. If the carpet isburned, stained, or otherwise damaged towhere part or all of it needs to be replaced,the tenant can be held responsible. If it ispossible to patch, then the tenant can beresponsible for that cost. If a patch is notavailable or not feasible, the landlord needs tofigure out the depreciated value of the carpetingas of that day. That value can be assessedto the tenant. An example . you purchased acarpet three years ago for $500 and it nowneeds to be replaced. Using a straight linedepreciating schedule of five years, that carpettoday would be worth $200 (depreciating $100per year). Therefore, you could charge the

tenant $200.Taking the original purchase price and depreciatingon a reasonable basis to come up withthe current value of items damaged or destroyedis one that can be used to come upwith dollar figures on any items in the dwelling.Depreciation formulas approved by theInternal Revenue Service (check your taxbooks or with your tax consultant) should giveyou figures that a landlord-tenant judge wouldapprove of and that, if you can.t collect fromyour tenant, you can use when claiming businessexpenses on a tax return.3) .Other Damages. are those suffered bythe landlord because the tenant has not compliedwith the rental agreement or tenant.sduties by law. Simply saying that a tenant has.forfeited. a deposit or that a deposit is beingkept as a .penalty. or as .liquidated damages.is generally considered NOT ALLOWABLEunder current law. Kansas contract lawallows compensation for actual losses butnot penalties if someone breaks a contract.Landlord-tenant law requires itemized deductions;the above general clauses, by theirnature, are not itemized. Your time to advertiseand show property, to do financial andlegal paperwork, etc., is generally considered aroutine business expense NOT chargeable tothe tenant. However, there are a number ofcircumstances where you can clearly show anactual loss. You can collect future rent if atenant has given inadequate notice or brokena lease. For instance, in the case of a monthto-month tenancy where a tenant gives nowritten notice or does not give a full 30 days inadvance of a rent paying date, you have theright to collect rent up until the end of thenext full rent period or the date that a newtenant moves in, whichever comes first. (SeeNotice to Terminate from Tenant chapter formore details.)If certain advertising expenses are caused bya tenant.s improper move-out and were expensesthat you would not normally haveincurred, those can be charged to the tenant.ssecurity deposit. For example, if month-tomonthtenants give inadequate notice, thecharge of running an ad probably would not bebillable to the tenants. Within a couple ofweeks, they could have given proper noticeand you would have had the advertising as aregular business expense anyway. However, ifa tenant breaks a one-year lease after onlythree months, that advertising expense is onethat you did not expect; therefore, it would bechargeable. Complexes that advertise regularlyshould not charge.If a tenant.s actions (you will probably want tocheck K.S.A. 58-2555 in this instance) havecaused you to lose neighboring tenants andyou have incurred unrecoverable expenses,these could possibly be charged to the responsibletenant.If a tenant has caused you to be unable to rerentyour place in a timely manner (refusedentry for showing, kept the place so dirty noone wanted it, did so much damage you hadto leave it vacant for a time while you had itrepaired, did not move out on time), you maybe able to keep some of the deposit to coverrent lost until you get a new tenant.21RETURN

The law requires that you return the tenant.sdeposit money and/or a written itemized list ofdeductions to the tenant within 14 days of yourdetermination of the .damages,. but in no casemore than 30 days after the return of possessionof your property to you and demand bythe tenant. .Possession. is generally considered.returned. when the tenant has returned thekeys. If you do not know where the tenant hasgone . do not have an address . the law requiresthat you send the itemized list and/orthe check to the tenant at the tenant.s lastknown address, even if that is your own house.If you use certified mail (not required), youshould either have a receipt proving that thetenant got the letter or have the letter back toprove that you made an attempt to send it..Itemized list. means list each item and howmuch it cost to repair or pay for that item,detailing cost of labor and materials where youcan. (Of course, it is important to keep all ofyour receipts.) Without regard to the amount ofthe security deposit, you need to then total thislist. Next on your paper, enter the amount ofthe security deposit in comparison to theamount of damages and note the difference. Ifthere is a remainder, you need to send thetenant a refund check with a copy of youritemized list. If the security deposit is notadequate to cover the expenses, you need toindicate at the bottom of the page how much isstill due and owing from the tenant. At thispoint, it is up to you whether you indicate tothe tenants that you want them to pay andgive them a deadline. In terms of your business,you can choose to handle it one of twoways. You can give the tenants a certainamount of time in which to pay the remainderand take them to Small Claims Court or ahigher court to collect if they don.t pay. Or, youcan deduct it as a business expense for taxpurposes. Of course, you can try the first anddo the second if the first doesn.t work. Eitherway, you will need that complete itemized listwith receipts both to satisfy Kansas landlordtenantlaw as well as for your own tax records.No matter what has happened, make sure thatyou send the tenant something in writing withinthe thirty days. Kansas law provides that if alandlord has not at least attempted to send thetenant the money and/or the itemized list ofdeductions within thirty days, the tenant can suefor not only the amount due, but an additionalone and one-half times that amount.If you feel that you aren.t ready to send yourletter by the end of thirty days because you stillaren.t sure what all of the expenses will be, youneed to send the tenant something in writingindicating what the expenses are to date andwhat information you are still waiting for. Presumably,in that situation, the tenant isn.t gettingany money back anyway; you are simply waitingto see what the total indebtedness to you is.Even if you settle the security deposit issueverbally with the tenant, agreeing to return all ornone of the deposit, send the tenant the letterwith the itemized list of deductions regardless sothat you have protected yourself by complyingwith the law.Once the tenant gets your letter, he or she maydisagree with your itemized list. At that point, thetenant may call or write you a letter to attemptto negotiate further. The tenant has the option ofgoing straight to Small Claims or a higher court

and suing for what the tenant feels is due. It isentirely up to you once you have sent youritemized list of deductions whether you want tonegotiate further. Be sure that you have carefullythought out your list, that you can prove yourexpenses, and that your charges are fair. Goingto court does take time. If the tenant prevails,you possibly could have to pay the tenant.scourt costs as well. (See Small Claims Courtchapter for small claims procedure.)References: K.S.A. 58-2543, 58-2550, 58-2554, 58-2562, 58-2563; 1979 Kansas SupremeCourt case Clark v. Walker and 1992 Kansas Court of Appeals case Burgess v. Stroud, re:forfeiture provisions; 1982 Kansas Court of Appeals case Buettner v. Unruh, re: when moveininventory was not done; Model Security Deposit Return Letters can be ordered from Housing& Credit Counseling, Inc.22Kansas law defines a legally enforceable .rentalagreement. as all agreements between the tenantand landlord, written or verbal. A rental agreementcan be from month-to-month or for a specific termsuch as six months or a year. A verbal agreementcannot be for more than a year.In all cases, whether or not there is a writtenagreement, the landlord and tenant are subjectto the laws of the state of Kansas and any governmentalsubdivision. This includes the requirementfor a written move-in inventory in everyrental relationship. (See chapter on Move-inInspections.)LEASE VS. NO LEASEYou have probably heard many landlords say, .Alease is not worth the paper it.s written on.. Interms of having absolute assurance that tenantswill stay as long as they say they will or youwant them to, it.s true that a tenant.s signatureis no better than his or her word. And, no matterwhat kind of penalties you write into a lease,Kansas law generally lets you collect only foryour actual losses, no more.A written lease can make your rental relationshipsclearer and more comfortable through itsrecording of promises and agreements betweentenant and landlord. A written lease can includemore crime-free and drug-free language andalso give you additional leverage in getting problemtenants out. A long-term lease can give yougreater ability to collect advertising expenses ifsomeone moves out early, or vacancy or utilityexpenses if someone moves out at a bad time ofyear and the unit is hard to re-rent.IF THERE IS NO WRITTENLEASEVerbal rental agreements are considered to bemonth-to-month agreements unless you specifyotherwise. It.s important to be clear in youragreement with your tenant if you decide thatthe agreement is every two weeks or week-toweek.If you are allowing your tenant to paymore than once a month, but you consider therental agreement to be month-to-month, youneed to make that clear.Unless otherwise specified, Kansas law says thatthe rent date is assumed to be the first of themonth. You need to state to your tenant whenyou enter into the rental agreement what therent date will be. The rent receipt will be the keyto backing that up. To protect yourself againstmisunderstanding, always indicate the appropriaterent period somewhere on the rent receiptso that it is clear what the rent date was. If thetenant is moving in in the middle of a rentperiod and you have a preferred rent date andrent period, you can pro-rate the rent for thefirst month, indicating what dates were covered

and then start the full rent at the first full rentperiod.You need to specify how the rent is to be paid .check, cash, or money order (if you care) . andwhether it is to be delivered or sent to a certainaddress by the tenant or picked up by you oryour agent. Kansas law says that unless youspecify otherwise, you are responsible to pick upthe rent from the tenant at the property.Kansas law requires that the tenant be informedin writing of the name and address of the owneror the person authorized to manage the propertyon behalf of the owner. It is a good idea tooffer at least one phone number as well. Thelaw further requires that the information be keptcurrent in writing to the tenant if the ownershipor management changes.IF THERE IS A LEASESince you are likely to be the one offering alease (or .contract. or .rental agreement,.RENTAL AGREEMENTS RENTALAGREEMENTThis is a rental agreementbetween the party of the firstpart, i.e. The Landlord, and theparty of the second part, i.e.The Tenant.The rent will be due andpayable on the 1st of eachmonth in the amount agreedupon by both parties.The LandlordThe LandlordThe TenantThe TenantAPPROVED23whatever you call it), take some time and findor write one that you are comfortable with.Your lease does not have to be long but itshould cover all aspects of the tenancy, mentioningany things that are particularly importantto you. Though you can draft your leaseagreement yourself, it is a good idea to haveyour final product checked by an attorney sothat you know what you have included there islegal.Some things to make sure to include:. name and address of the owner or personauthorized to manage the property. phone number(s) for landlord and maintenance. clear listing of what is and is not beingleased to the tenant for exclusive use (dwelling,yard, parking space or garage or carport,basement, certain appliances, etc.). listing of names of all tenants, saying alsothat no other tenants are allowed withoutpermission of the landlord. the amount of rent, due date, and howrent is to be paid; also which utilities are theresponsibility of the tenant. the term of the lease (month-to-month,six months converting to month-to-month, etc.). requirement that landlord be notified iftenant plans to be gone more than seven days. security deposit cannot be used to coverexpenses during the course of the tenancy. special prohibitions (pet and noise policies,illegal activity as cause for eviction, etc.). special agreements (See examples.). spaces for tenant(s) and landlord and possiblya witness to signThings which must not be included(by law):. .exculpatory clauses. (evidence or statementswhich tend to clear, justify or excuse a

defendant from fault or guilt) which say thatthe landlord is not liable for damage or personalinjury to the tenant, the tenant.s guests,or the tenant.s property. .confession clauses. in which the tenantadmits guilt in advance to any charges fordamages in court. clauses which say the tenant will pay thelandlord.s legal fees if they ever go to court. .as is. or .disclaimer of duty to repair.clauses which say that the landlord is not responsiblefor making repairs which Kansas lawrequires the landlord to do. clauses which permit the landlord toenter the property at any time without notice. clauses which allow the landlord theright to evict the tenant without proper notice. clauses which allow the landlord to takethe tenant.s personal possessions if thetenant does not pay the rent.It is possible to make changes in leases. If youand your tenant agree, cross out what youdon.t want, write in what you do want, andinitial and date in the margin on both copies. Ifyou want to add something, write or type it inon the lease itself above the signature, thendate and initial the addition. If there is notroom, add another page. Each of you shouldget a signed copy.When you have a written rental agreement,any later changes or additions should be inwriting also. Our legal system expects that,once any part of an agreement is in writing, allof it should be in writing to be legally binding.PET PROVISIONSDecide what your policy is and stick with it.Legally, through leases, you can allow sometenants to have pets and not others. As amanagement practice though, that.s not agood idea unless you have some clear guidelineseveryone must follow. Don.t forget thatsome people come up with some pretty weirdpets!Some possibilities:No Pets If you say this in a lease, be sure youdon.t later give verbal permission or .overlook.the fact that someone has a pet. Make surethat what is in writing reflects reality. You mayneed to further define this also. Does this mean.no cats or dogs. or .no pets. at all?24Limited In your lease or rules, you mightwant to say something like .No more thantwo caged birds. Fish limited to one 20-gallontank. No other pets allowed..Size and Weight Limits Rather than settinggeneral limits, you might want to say, .Dogsno higher than 14 inches or weighing morethan 20 pounds full grown,. or .Tenant mustbe able to easily carry pet..SPECIAL AGREEMENTSWhether your general rental agreement iswritten or verbal, if some specific agreementshave been arranged between the tenant andlandlord, it is a good idea to have these inwriting for the protection of both parties. Suchagreements include special allowance for acertain pet or that no pets are allowed, who isresponsible for lawn mowing or snow shoveling,where a truck or bus used in a tenant.sbusiness can be parked, permission to provideday-care in the home, etc. The law indicatesthat any agreement requiring the tenant totake care of maintenance, repairs, alterations,

or improvements must be in writing.IF THE TENANT OFFERS YOU ALEASEIf you have not offered a written rental agreement,your tenant may want to have one. If atenant offers you a written rental agreement,try not to make any response immediately.Take the agreement and say you will look itover. That way, you have time to think aboutwhether or not you want a lease and to considerthe particular lease privately when it isconvenient for you.Kansas law provides that if a tenant offers thelandlord a signed lease, whether or not thelandlord signs and returns a copy of the leaseto the tenant, if the landlord accepts rent.without reservation,. the lease will be bindingon both parties for a term of as much as ayear. What this means is that, if a tenantoffers you a signed lease and you want tonegotiate it further or reject it, it is importantthat you write a letter or note to the tenantsaying so by the time you accept the nextmonth.s rent. This note can be on the rentreceipt. It should clearly say that the rent isaccepted .with reservation. and that the offeredlease has not been signed by you. Youdo not have to accept a lease that a tenantoffers you.IF THE TENANT DOESN.T SIGNTHE LEASELikewise, if you offer the tenant a signed leasewhich the tenant does not sign and return,then the tenant pays rent .without reservation,. the lease will be binding on the tenantfor its term or a year, whichever is less. If thetenant does express .reservation,. then yourrental agreement would continue as month-tomonthor whatever it had been before untilyou can agree.PURCHASE OF TENANT-OCCUPIEDPROPERTYIf you purchase a property where there arealready tenants in place, you want to makesure of the rental agreement situation. As apractical matter, what normally happens isthat when the purchaser acquires the businessproperty, the purchaser also acquires its assets,debts and obligations. Therefore, youneed to get from the former owner andconfirm with the tenant the type of lease orrental agreement in effect. In Kansas, theprevailing consensus is that where the tenantsin place have a term lease or rental agreementwith the previous owner for a definite term(i.e., 3 months, 6 months, 9 months, 12months, etc.), both the purchaser and tenantsare obligated to honor the terms of the leaseor rental agreement until it terminates.In situations where a property is purchasedand the purchaser does not wish to continuethe rental relationship with tenants who haveterm leases or rental agreements, the use ofwhat is called the .buy out. is an option that25References: K.S.A. 58-2543 through 58-2547, 58-2549, 58-2556, 58-2558, 58-2565; SubleasingK.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; 1979 Kansas Supreme Court case ChelseaPlaza Homes, Inc. v. Moore, ruling that the Kansas Consumer Protection Act does not apply;Model Leases can be ordered from Housing & Credit Counseling, Inc.may be considered. This is where the purchaserand the tenant mutually agree toterminate the lease or rental agreement onthe condition the purchaser covers the reasonable

expenses for the tenant.s relocationwithin the community and the reasonabledifference between the monthly rent the tenantwas paying (difference can be $100 or moreper month) and that to be paid at the newresidence. Agreements should be in writing andcopies retained by all the parties involved.26ESTABLISHINGIn addition to the rental agreement (written orverbal), a landlord may have a list of rules andregulations. Include them as a page in writtenleases. Post them in rental offices and lobbiesand/or give copies to tenants. The law saysthat tenants must have notice of rules andregulations at move-in time to be bound bythem.Legally, rules and regulations must applyto all tenants equally, be designed to benefitthe tenants and/or protect the landlord.sproperty, be clear enough for tenants to understandwhat they can or cannot do, andcannot be for the purpose of evading anyresponsibilities of the landlord.When establishing rules, make sure they arenondiscriminatory. An example would be settingof pool rules. Reserving a certain time ofday for .adult swim. would not be legal, becauseit discriminates against families withchildren. But, reserving a certain time of eachday or hour for .lap swim. only, regardless ofage, would be OK.There is no limit to the number of rules youcan have, but you might want to keep your listrelatively brief (no more than a page?) so thatyou do not frighten away good tenants. It isalso a good idea for you or your rental agentto review the list of rules carefully with eachprospective tenant before rental applicationsare signed or security deposits are paid. If therules and regulations for your property do notsuit a tenant.s lifestyle, there is no reason toeven discuss a rental relationship further.Tenants get mad when they feel that there areRULES AND REGULATIONSrules that they are trying to follow while othersare not bound by them. They suspect thatyou either don.t mean what you say or thatyou have favorites.A Kansas landlord cannot change or add anyrules or regulations during the term of therental agreement unless the tenant voluntarilyagrees in writing to accept the new or changedrules.In a month-to-month rental agreement, thebest thing to do if you want to change a ruleor regulation is to give the tenant writtennotice at least 30 days in advance of a rentpayingdate. That way, when the .new. rentalagreement begins, the new rule will be bindingon the tenant.When the rental agreement is for more than amonth, you should give notice in writing atleast 30 days before the end of the agreementthat the rules and regulations will change asstated when the rental agreement eitherrenews or reverts to month-to-month. Thiscan be a little tricky when the rule changesinvolve pet regulations, use of common spaceor pools, or something like that, especiallywhen you have multiple tenants under longtermleases. Individualized notices based onlease renewal dates will be needed in suchcases. This means that you could end up

phasing in new rules and regulations over aperiod of six months to a year. That will beawkward, but as long as new tenants come inunder the new rules and regulations and youfairly enforce the phase-in on the tenants whoare already in place, everyone will knowwhat.s going on and it will be a workablesystem.References: K.S.A. 58-2556.RULES1. Rent is due on the1st of each month.2. Loud parties, musicor noise must be keptto a minimum after 12.3. Pets are allowedonly with permission ofthe manager.27MOVE-IN INSPECTIONSWithin five days of the day a tenant moves in,Kansas law requires that you and your tenantgo together through the property and jointlymake a detailed written list describing thecondition. This list is commonly known asmove-in .inventory,. .inspection,. or .checklist..You can use a printed form or just a plainpiece of paper. What is important is that,when it is signed, it contains all the details ofwhat condition the place was in and what wasin it.Either by writing two copies exactly thesame, by using carbon paper, or by photocopyingthe list when you get done, both youand the tenant must, by law, have copies ofthe list signed by both of you.If there are discussions at inspection time ofrepairs that you will take care of, or improvementsor repairs that the tenant wants totake responsibility for, the inspection list canbe used to make note of those agreementsas well.The move-in inspection list can be very usefulboth to the tenant and to the landlord. Forthe tenant, the list should show what itemswere wrong with the dwelling at move-in timeso that at move-out the tenant is notcharged for cleaning or repair of those items.For the landlord, the list should show clearlywhat was not damaged or what was in particularlygood condition so that the list can beused as a foundation to charge the tenant forany things that happen above and beyondnormal wear and tear during the person.stenancy.Many times, if a dispute over a security depositgoes to Small Claims Court, the judgewill inquire whether the move-in inspectionwas done or the tenant may raise that issueto the judge. You want to make sure youhave your copy of the list so that the judge willnot question your intentions or consider youirresponsible. Some Kansas judges have evenrefused to consider landlord claims for damageswhere there was no list for proof, sayingthat landlords, as business people, should knowthe law and have their paperwork in order.For your own protection, you should take thetime to make the list as detailed and as accurateas possible. You may want to fill out arough copy of the inventory before you do theinspection with the tenant. The law says thatyou and the tenant are supposed to go together

to inspect the property, but it doesn.tsay that you have to do all of your writing atthat time. If you have already prepared a roughcopy of the list, you and the tenant can gothrough and simply make sure that the list isaccurate, adding or deleting as necessary foryour final copy. If the tenant is unavailable todo the inspection with you, make sure that youdo the inspection yourself anyway. Then, with acover letter explaining the circumstances, senda copy of the list to the tenant. Suggest in thecover letter that, if there is anything missing orinaccurate, the tenant should let you know.Keep a copy of both the cover letter and inspectionlist for your file; this should take careof your responsibility if there is some questionabout the list later.Move-out inspections with the tenant presentare not required by law in Kansas but they area good idea. If it is possible for you to arrangea joint move-out inspection with your tenant,you can both go through together with theoriginal move-in inventory and compare, discussingat the time whether there is cleaning orrepair work that you feel is the tenant.s responsibility.If the pressure of going throughthe dwelling with the tenant and making yourdecisions or observations instantly seems toomuch, go through yourself first, then meet thetenant to discuss what you observed.________ __________Carpet/TileBathroomsWindows/WallsKitchen/PantryBasementStove/OvenLawn/GardenGarage/Carport28References: 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 fromHousing & Credit Counseling, Inc.KEEP YOUR RELATIONSHIP BUSINESSLIKEThis handbook explains the legal relationship between landlords and their tenants,but you must also keep in mind that this is a business relationship. Many tenantshave begun to realize this and are handling their affairs accordingly. In order todevelop a good business relationship with your tenant, you must likewise developgood business practices.l You should make certain that any agreement between you and yourtenant is written and that each of you has a copy.l You should always correspond with the tenant in writing, making a copyof each letter for yourself. If very important, send letters by certifiedmail (where you get a return receipt) or deliver in person with a witness.That way, the tenant cannot claim that he or she never received yourletter.l Keep a file on each tenant. In it you should have a copy of your rentalagreement and your move-in checklist, further correspondence oragreements that you.ve had with that tenant, copies of any maintenancenotes that you.ve made about work on that particular tenant.s unit, andcopies of any receipts that you have for work that you have done on thatunit that was the tenant.s responsibility.l Whether your tenants have requested maintenance in writing or not, youshould keep a log of each maintenance request when it comes in by date,problem, and address so that you can go back and check off maintenanceas you have taken care of it. This log can also include, in some manner

that is comfortable for you, a list of improvements or regular maintenancethatyou plan to do on each of your units.29SETTING RENTSThis book will not deal with how to set yourrents in detail. In general, you should havean idea of what rent can be charged in yourmarket and what income you need from yourproperty before you ever purchase or otherwiseacquire your rental property.To check market rental rates, try three basicsources. First, check the newspaper orother published rental listing, make telephoneinquiries, and actually go and look atproperties that are available to see whatkind of properties are available for whatprice. Second, ask other landlords whatthey are getting from their properties.Third, if there is a Board of Realtors, LandlordAssociation, or other professional groupin your area that might have some statisticalinformation, you could check with them.To judge what income you need, you shouldhave a budget for each of your properties.Set for at least one year, this budget shouldshow your expected expenses for purchasepayments, utilities, taxes, insurance, routinemaintenance, major maintenance reserve,etc.; expected off-sets such as tax deductions(depreciation, interest, etc.); tax shelterfactors you may have; and desired cashprofits, if any. Obviously, you may want toconsult with your accountant on this.Then, set your rents reasonably. Set too low,you may have trouble attracting the qualityof tenants you desire. Set too high, you mayhave trouble attracting or keeping any tenantsat all. Plan ahead so that you do notfind that you need to raise the rent duringthe lease term (when you can.t) or moreoften than once a year (which will cause youto lose good tenants).RENT RAISESKansas law does not limit how much or howoften rent can be raised. The only exceptionto this is that retaliatory rent raises andservice decreases are illegal. (See .No Retaliation. subsection in Evictions chapter.)Because a rent raise is similar to an eviction,you do have to give advance written notice.If the tenancy is month-to-month (written orverbal), at least 30 days. notice in writing inadvance of a rent-paying date is required;week-to-week tenancies require a week.snotice; etc. If your tenant is under a leasefor a term of six months, a year, or whatever,and the lease does not have an .escalator. clause allowing you to raise rent duringthe term, you will have to wait until thelease ends or renews.Check the lease to see if it has any languageabout rent raises and renewals. If not, andyou want the tenant to stay after the initialterm is up, treat it as a month-to-monthfrom that time on and give notices accordingly.It is a good idea to give more than the minimumnotice required . for instance, giving45 days. notice in a month-to-month tenancy.This gives tenants time to decidewhether they can pay and, if not, time forthem to give you a full legal 30-day notice toquit. (The pressure of forcing tenants todecide in one day whether to stay or movecan have negative consequences for all

involved.)Changes in who pays for utility services anddecreases in services provided by the landlordto the tenant are considered the sameas rent raises in the eyes of the law.RENT, COLLECTIONAND LATE CHARGES30COLLECTIONSRent should be paid in full on or before therent-paying date.It is important that if you accept late rent,you do so only .with reservation of allrights. in writing. Note on the receipt thatthe late rent payments are not acceptableand that the due date was .X.. Note alsothat the payment is a partial payment forthe entire rent period, not a payment in fullfor .X. number of days, with the remainderto be applied to the other. You don.t wantyour tenants to get the idea that they canpay by the day. Also, the law indicates thatcontinued acceptance of late payments ofrent by the landlord can reduce some of therights that you have to evict.If you arrange a payment plan that is differentfrom the rent period, it should be inwriting to protect both parties. For instance,on a month-to-month agreement, you mightagree that the tenant can pay half the renton the 1st and half the rent on the 15th.Having this in writing would protect thetenant in that it would show whether thearrangement was indefinite or for a certainperiod of time; it would protect you byshowing clearly that the tenancy is stillmonth-to-month, not two weeks-to-twoweeks.LATE CHARGESLate charges are optional. Common ratesare either a $10 or $15 fixed charge afterthe 5th or the 10th of the month, or a $1per day charge that accumulates from thedate the rent is due. To avoid .excessiveinterest. implications, it is advisable to limita late charge to 10% of the monthly rent.An issue here is possible conflict with Kansasusury (excessive interest) laws.Late charges can be useful to encouragetenants to pay rent on time but sometimesthe reverse happens and tenants see it asyou expecting and okaying late payments.The law does not say anything for or againstlate charges on rental agreements in Kansas.You need to establish them in youroriginal rental agreements or you will haveto wait until the agreements renew (newleases or at least 30-day written notices)before you can start charging. You cannotcharge late fees unless they are a part ofthe rental agreement.If a tenant refuses to pay late charges, youcan give regular or 14/30 type evictionnotices. Late charges can be included in nonpaymentof rent eviction suits, but a judgemay not allow you to pursue such a suit fornon-payment of late charges alone. Courtexperiences on collecting late charges aremixed. Generally, judges tend to award nomore than a month or so total to the landlord.Some landlords encourage promptness byoffering discounts for early rent payments orsetting the rent due at a lower level if paid infull prior to the rent date. Some apartment

complexes have .Early Bird. programswhere prizes are awarded on a monthly oryearly basis to tenants who pay early.RENT WITHHOLDINGKansas law does not provide for tenants, oftheir own accord, to withhold or .escrow.rent. The law doesn.t say they can, and itdoesn.t say they can.t. Tenants who takesuch action risk eviction action from theirlandlords. (Ordinances in Manhattan andAtchison, Kansas, provide for escrowing ofrent under certain conditions. These are theonly exceptions to this rule to date.) Ofcourse, if a tenant of yours tries this as a.last-resort. attempt to get you to makeneeded repairs, you should consider makingthe repairs, making adjustments (if appropriate)in rent due, and forgetting about it.A successful .warranty of habitability. countersuitin an eviction case could be costly.31.Repair and deduct. is also not provided forby Kansas law unless there is a .good faith.written agreement between landlord andtenant. Again, use good judgment about theentire situation before you refuse such anarrangement. If you choose not to accept arent deduction and go to court, it is usuallycheaper for both tenant and landlord to settledisputes over repairs in Small Claims Courtrather than through eviction suits. Kansas lawrequires that the rent be reduced in proportionto the reduced value of the property untilrepairs are complete if a rental property hasbeen damaged by fire or casualty so that its.use and habitability . is substantially impaired. and continued occupancy (of part ofthe unit) is lawful .. In any situation whereyou allow a rent adjustment, make sure thereis a written record and that, when appropriate,you have copies of bills and receipts.NO DISTRAINT FOR RENTUnless there has been an .abandonment. orthe tenant has left possessions in the propertyafter an apparent move-out (see Notice toTerminate from Tenant chapter for .Abandonment. and Evictions chapter for .Disposal ofLeftover Possessions.), a landlord in Kansasdoes not have the right to take a tenant.sproperty and hold it until the tenant paysmoney that is due. The law provides only forlegal action and court-approved collectionprocedures.References: K.S.A. 58-2543, 58-2545, 58-2546, 58-2572; Damage or Destruction by Fire orCasualty, K.S.A. 58-2562; Liens, K.S.A. 58-2567; Bad Checks, K.S.A. 36-206 and 36-207; Cityof Manhattan Ordinance #3081 and City of Atchison Ordinance #5950, Section 34-19, providefor escrow of rent under certain circumstances.32ILLEGAL ACTIVITY / .PARTY SHACKS.Kansas law declares various activities .common nuisances. and provides that landlordsand their properties could suffer serious restrictions or penalties if landlords are aware ofthe illegal activities and have not made .bona fide attempts to abate. them..Common nuisances. include the tenant using the property, or knowingly allowing othersto use the property, for:l gamblingl promoting obscenityl promoting prostitutionl illegal drug use or salel habitual illegal sale or exchange of alcoholic or cereal malt beveragesl habitual illegal sale or exchange of cigarettes or tobacco productsIf a person on the property is arrested for any of the above listed common nuisances,the attorney general, city, county, or district attorney may call for a hearing with thecourts to determine whether the illegal activity occurred on the owner.s property. Theowner may be given notice of this hearing which will be held within 30 days of the

notification. If the court finds through preponderance of evidence that an unlawful actoccurred, the illegal activity shall void any lease that the tenant holds. Possession shallthen return to the owner who may evict the tenant. If the owner does not begin theeviction process within 30 days after the court decision, the attorney general or thecity, county or district attorney may proceed to file a petition of their own..Bona fide attempts to abate. are:l notifying the authorities in writing of suspected activityl 3-day, 14/30-day, and/or 30-day eviction notices to the tenantl careful screening in the first placeOwner remedies provided by the law are:l if a tenant has maintained one or more of the above .nuisances,. orallowed someone else to do so and a court hearing affirms that, therental agreement (written or verbal) becomes null and void and thelandlord may then start eviction proceedings immediatelyPossible penalties to landlords who do not make .bona fide attempts. when they areaware of .common nuisances. are:l property can be padlocked for up to 2 yearsl landlord may be required to post a bond with the courtl fine of up to $25,000 (can additionally be imprisonment for up to a yearin the case of liquor law violations)l court could require landlord to pay legal fees of prosecution and court costsl any costs assessed by the court against the landlord will be filed as a lienagainst the property involvedReferences: K.S.A. 22-3901 through 22-3904, 41-805.33MAINTENANCEYour tenants are responsible to maintain yourproperty in as good a condition as possible. Thismeans that they should use the structure andappliances carefully and as they were intended,meanwhile keeping everything reasonably clean.This also extends to your tenant.s family andtheir friends, guests, and their pets. Any damagedone to the property is the tenant.s responsibilityto either pay for or repair. (This caninclude insurance deductibles where majordamage is tenant-caused.)Some tenants will offer to make repairs themselves,to hire someone they know, or get afamily member to take care of something forwhich they are responsible in order to savemoney. You have the right to say no and hireyour own help or do the work yourself andcharge the tenant. If you want to let the tenanttake responsibility for repairs, depending on howmajor the work is, you might want to ask forreferences so that you are satisfied that thework to be done on your property will meet thestandards you desire. You may also want tocheck your insurance policy for liability issues.If tenants, with or without your permission,make repairs or improvements which leave yourproperty in unacceptable condition, you mayhave it repaired again either at that time or atmove-out time and be compensated financially.BEHAVIORTenants are responsible for their behavior andthat of their family, friends, guests (invited orotherwise) and pets.Kansas law requires that tenants must makesure not to .disturb the quiet and peacefulenjoyment of the premises by other tenants..This goes for neighbors too.TENANT RESPONSIBILITIESAND IMPROVEMENTSAlthough your tenants may sometimes plead.no responsibility,. this responsibility for guestsmeans that in a roommate situation, roommate.X.can be legally liable for the friends ofroommate .Y.. It also means that tenants areresponsible for the behavior of anyone towhom they give keys.PROBLEMSWhen an item comes up and you can.t settle it

immediately, the best thing to do is put theproblem in writing. If there are damages ormaintenance that need to be done, perhaps atfirst you will simply want to write the tenants anote asking them to take care of the particularmaintenance or repairs or pay a certain amountof money, either in advance or afterward, tocover your costs. In the case of a behaviorproblem, your first note needs to say specificallywhat behavior is the problem and whatneeds to be done to correct it to your satisfaction.Make sure you state a specific deadline inyour note, both for the tenant.s benefit and foryours.If the note doesn.t solve your problem, thereare a number of options that landlords have toget money or action from tenants:14/30-day Notice Fourteen days of anythirty-day period can be used as a warning inmonth-to-month tenancies and also to break alease if necessary. (See Evictions chapter fordetails.)Local Housing Code Officials can be calledout to inspect, write up, and prosecute tenantviolations where there is a local housing code.Small Claims Court Use either during orafter tenancy to collect amounts due. (SeeSmall Claims Court chapter for details.)34Security Deposit Deductions can be used tocover .damages.. (See Security Depositchapter for how to put a value on damages aswell as for the withholding process.)Eviction Use a 30-day notice for month-tomonthor as noted in the lease for long-term.(See Eviction chapter for details.)IMPROVEMENTSMany times tenants want to .improve. yourproperty by painting, installing bookshelves,hanging speakers or plants, or by doing otherthings. What many tenants think are .improvements. many landlords consider damage!It is important that you make it clear tothe tenant at move-in time that any physicalalterations to your property require yourwritten permission . your permission at least,but written is best. It seems that having writtenagreements causes people to considermore seriously what is involved. For instance,if a tenant wants to paint, it is in your bestinterest to know what type of paint, whatcolor, and what skills the tenant has in painting,and to make sure that the tenant understandsthat if any damage is caused to theproperty in the course of the improvements,he or she will be liable.Tenants should also know that any time theypermanently affix anything to your property, itlegally becomes yours. Therefore, if a tenantwants to remove an item at move-out timeand take it with him or her, you need to makesure, if you allow removal, that the tenantknows your property must be restored to itsoriginal condition (e.g., fill holes and spotpaint). This should be in writing.References: K.S.A. 58-2543, 58-2555, 58-2558, 58-2564; Possession, K.S.A. 58-2570.HOUSING CODESThese cities currently have Housing Codes. If you go to your city hall and ask for a copy ofthe 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, plumbingcode, or some specific code.AbileneAnthony

AtchisonAugustaBaxter SpringsBellevilleBeloitBonner SpringsChanuteColbyDodge CityEmporiaGalenaGarden CityGoodlandGreat BendHaysHoisingtonIndependenceJunction CityKansas CityLawrenceLenexaLiberalLyonsManhattanMcPhersonMerriamMinneapolisNeodeshaNewtonNortonOlatheOttawaPaolaParsonsPlainvilleRussellSalinaShawneeSouth HutchinsonSterlingTopekaUlyssesWellingtonWichitaWinfield35KANSAS LAWIf a place you are renting out is not in compliancewith state law and the rental agreementat the time tenants are to move in, Kansaslaw says that the tenants have the right togive you a written five-day notice (doesn.tsay from when or to when), move out, andget all of their money back. If an unacceptablecondition is deemed willful and not ingood faith, a tenant can even get 1-1/2 timesthe rent or 1-1/2 times his or her cash losses,whichever is greater.In Steele v. Latimer (Warranty of Habitability),a 1974 Kansas Supreme Court decision,a Wichita woman and her five children wereawarded the refund of a substantial amountof back rent in an eviction case because thelandlord had knowingly not made neededrepairs. Since then, citing this case and provisionsof the Kansas Residential Landlord andTenant Act, many tenants have successfullydefended themselves and won counterclaimsbased on the .implied warranty of habitability. that all landlords in Kansas are expectedto provide places that are basically decent,safe and sound.Specifically, you are required to:. Keep your rental unit in compliance

with city or county building or housing codes.. Maintain areas of the building andthe grounds outside which are open to alltenants. Common areas such as hallways,parking lots, stairways, sidewalks, and laundryrooms are a few examples.. Make sure there is an adequate supply ofhot and cold running water.. Supply heating facilities capable of maintainingadequate room temperatures. CheckLANDLORD RESPONSIBILITIESAND IMPROVEMENTSlocal housing and building codes, if you havethem, for more specifics.(On these last two, the landlord does not necessarilyhave to pay for the utility services, but heor she must provide the equipment and it mustwork.). Maintain all electrical, plumbing, sanitary,heating, ventilation, and air conditioningsystems in good and safe working order.. Maintain all appliances that are providedwith the property. This includes such things asstove, refrigerator, and window air conditioners.(If there is an appliance in the property that youdo not want to be responsible for but you arewilling to leave for the tenants for their use, youshould note that in writing to the tenant andkeep a copy.). Make sure there is some way to appropriatelystore and remove garbage and trash from thepremises. You do not necessarily have to pay forthese services, but you must make sure they areavailable.Tenants have the right to expect that repairs androutine maintenance items get taken care of in areasonable amount of time. You need to keep inmind that .reasonable. in this case may, unfortunately,be a little less time than you would allowif the repair or maintenance was needed in yourown home. Part of your responsibility as a landlordis to provide service and, whereas you mightdecide to live with some problem or let somethinggo in your own home because you hadother priorities, a tenant may not feel the sameway and does not have that responsibility.You could be liable for damages (moneylosses) to the tenant if you do not take care ofmaintenance or repairs in a reasonable amountof time. For instance, if a refrigerator goes out,for the first 24 hours the law may look upon36the event as an .act of God.. After that, if youhave not tried to provide repairs or replacement atleast on a temporary basis, you might be liable forthe tenant.s food spoilage and/or for the tenanthaving to eat out for a time. Another examplewould be where heavy rains cause unexpectedflooding in below-level rooms or apartments. Thetenants should try to get the furniture up on blocksor do whatever can be done on an emergencybasis to prevent damage to the property andfurniture. But, after that, the landlord has a responsibilityto respond on an emergency basis -- getthe carpeting water-vacuumed or even pulled up,take care of drying out the unit and/or, if necessary,temporarily or permanently relocate thetenant. Major problems are usually covered byinsurance. Regardless, the landlord needs to act.OTHER CODESOther codes exist at the state and local level. Youshould learn about those that apply to your properties.They can be used for you and against you.Structures housing three or more residential rental

units must be in compliance with the Kansas LifeSafety Code. That code requires smoke alarms,does not require fire extinguishers, and generallyrequires two safe exits from any building. Localgovernments that adopt their own fire codes canmake them stricter, but not more permissive thanthe state.s. Check with your local fire departmentto see if you have a local code. If not, questionscan be directed to the State Fire Marshal in Topekaat (785) 296-3401.Get a copy of your local housing code, if there isone. (See Housing Codes box on page 34.)What is the difference between a .building. codeand a .housing. code? A housing code is whatpeople normally call a .performance code. in thatit sets out standards for housing that is alreadyconstructed in terms of how things should be orhow they should work. For instance, a housingcode will say that there should be adequate hotand cold running water but will not specify whatkind of pipes there have to be to carry the water tothe tap. That is performance. A building code, onthe other hand, specifies exact materials andconstruction and installation methods for thesystems and structure of houses. Building codesgenerally apply only to new construction and tosubstantial repairs or improvements made toexisting housing. A building code may requirecertain kinds of plumbing or wiring in new construction;however, if you have an older propertythat has plumbing or wiring that is no longerrecommended, as long as it works and is safe, itwill be okay as far as housing codes go.Be aware of ordinances that cover water . forinstance, clean water for wells.Many counties have ordinances about noxiousweeds and other nuisances. These ordinanceshave language about over-grown grass andweeds, as well as prohibitions against storing ofjunk, etc. on residential property.Some cities and counties also have ordinancesdefining and controlling abandoned or junkcars.If your local unit of government has any of thesecodes, it should have inspectors to enforce them.Voluntary inspections should be available at nocharge. After observing problems, inspectorsgenerally send letters giving the responsible party(tenant or landlord) ten to sixty days to correctproblems. Most codes allow for extensions of time,if needed. At a certain point, the codes usually givethe authorities the power to take care of theproblem and bill it to the person or property involvedand/or take the responsible person to courtand get judgment for fines or jail.UTILITIESMake sure, whether your agreement is written orverbal, that who pays which utilities is clear.If the tenants are responsible to pay any utilitiesand their usage is the only usage to be billed tothat meter, make sure that the billing with theutility company is in the tenant.s name. Manylandlords get stuck with large bills because theyhave tried to do tenants a favor and have leftutility billings in the landlord.s name. If a prospectivetenant has been required by the utility to put up a37deposit and doesn.t have the money, you probablydon.t want that person as a tenant.Particularly in the winter, many landlords fearthat tenants will leave or not pay bills andutilities will be shut off without the landlord.sknowledge causing damage such as frozenwater pipes. Leaving the utility in your name or

having an arrangement with the utility where itautomatically reverts into your name when thetenant orders a shut-off is risky since high billscould accumulate in your name before you getyour first statement and realize what hashappened. The best thing to do, if possible, isto leave a written standing order with the utilitycompany that you will be notified whenever ashut-off is imminent. At that point, you candecide whether to have the utility reconnectedin your name or make other arrangements.If you pay the utilities (utilities are included in therent), make sure you pay them! If a landlord isresponsible for utility payments and the utilityends up being cut off while the tenant is in placeeither because of the landlord.s direct request orfor non-payment of bills, the landlord can beliable for as much as one and a half times aEXAMPLES FROM TOPEKA.S HOUSING CODEScreens: Screens and screen doors are required on almost every dwelling unit.Rats and Roaches: The landlord is required to deliver units to tenants pest-free. Rats androaches must be exterminated when they are found in buildings with more than one apartment orwhen they exist because of a landlord.s improper maintenance. In a single-family house wherethere were no pests when tenants 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 ventilationsystem which is in good working condition.Heat: It is the responsibility of the owner to provide a heating system that is capable of heating toa temperature of at least 65 degrees at a distance of three feet above floor level in every habitableroom.Exits: There must be two exits to a safe and open space at ground level in from each level in eachdwelling 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 outletsor one outlet and one wall or ceiling fixture. Each public hall and/or stairway in a building withthree 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, rodentproof,and in good repair. Staircases must be stable with hand rails. Porches and steps must have arailing if they are over three feet off the ground.Kitchen: The sink must be in good working condition. The drainage must flow into an approvedsewer system, and it cannot leak into storage cabinets or shelves. The refrigerator or device forsafe storage of food must maintain a temperature of between 32 degrees and 45 degrees Fahrenheitunder ordinary maximum summer conditions. There must be adequate hot and cold water at alltimes.38month.s rent or one and a half times the actualdamages the tenant suffers, whichever isgreater. Sticky situations can develop whenutility bills are split either with the landlord receivinga bill and billing one or more tenants forreimbursement or when a landlord tells tenants,.You divide it up however you want to.. There isserious question whether this type of arrangementis legal the way the laws that the KansasCorporation Commission administers are written.(Language in them prohibiting resale ofutilities is what is in question.) If you set upsome arrangement like this, it is important thatfull disclosure of utility bills and expenses beincluded and that you be willing to work withtenants to figure out what their share of utilitypayments will be. The following is an example ofa situation that could occur: In an up-downduplex, the downstairs tenant is at home all daywith the heat on pretty high; the upstairs tenant,who is at work all day, comes home andfinds the apartment so hot that he has to openthe windows to be comfortable. You then findthe upstairs tenant not wanting to have to payhis share of the bill because he is not there allday and wouldn.t have had the heat on had thebill been in his control versus the downstairstenant saying that the bill was high because theupstairs tenant always opens the window.

Obviously, some accommodation can be madeby adjusting vents and so on so that the upstairsapartment is not overly heated, but a setuplike that is always going to be difficult. Thebest solution is normally to either include theutilities in the rent or separate meters andseparate heating/cooling appliances altogetherso that the tenants are only responsible forwhat they actually use.Weatherization and insulation may be worthconsidering even though it is not required bystate law or local codes in Kansas. Well-spentweatherization and insulation money can payfor itself in a short period of time in terms oflower utility bills, more comfortable livingspaces, and long-term, satisfied tenants.If you are housing low-income tenants, thereperiodically are government programs whichprovide utility payment and weatherizationassistance to low-income people even in rentalproperty as long as the landlord agrees not toevict the tenant without good cause or raise therent within a certain period of time. These programsmight be worth looking into.MAKING REPAIRS ANDIMPROVEMENTSDon.t promise anything you can.t do. You arebetter off to surprise a tenant with a majorimprovement or repair than to promise one anddiscover that you can.t do it as soon as youthought.Some types of repairs and improvements areeasiest to do when your property is vacant.However, if you have good tenants in place andyou expect them to stay, you do have the rightto go ahead and work while they are there. Asyou plan the work and the timing, you need toattempt to have as little inconvenience for thetenants during the course of that work as youwould have for yourself if the work was beingdone on your own home. Make sure yourcontractors or workmen show your tenants thesame courtesy you would. You should not haveliability to your tenants for displacement orinconvenience unless, due to your negligence,the situation gets entirely out of hand in termsof time or other inconvenience.References: K.S.A. 58-2543, 58-2549, 58-2553, 58-2559, 58-2561, 58-2562, 58-2563, 58-2569, 58-2572; Possession, K.S.A. 58-2552, 58-2566; 1974 Kansas Supreme Court case Steelev. Latimer established .implied warranty of habitability.; 1986 Kansas Court of Appeals caseJackson v. Wood established that landlords have the same responsibilities to provide for guestsas for tenants; Utility company .tariffs. can be obtained from each utility company or from theKansas Corporation Commission (KCC governs all Kansas public utilities except those owned bylocal governments and privately owned utilities except those in the Kansas City metro area).39Kansas law says that you can enter yourtenant.s premises for the following reasons:1) to inspect it; 2) to make necessary oragreed repairs, alterations or improvements;3) to show it to prospective workmen, buyersor tenants. However, you can enter only atreasonable times, after reasonable notice(usually 24 hours) to your tenant, and onlywith the tenant.s consent. The only time thatyou have the right to enter your tenant.sproperty without that tenant.s consent is in adire emergency involving potential loss of lifeor property (such as the place is on fire, youthink the tenant is dead inside, or you suspectthe pipes have burst and water is runningout the windows). You are not to use theright of entry to harass tenants; neither aretenants supposed to refuse reasonable requestsfor entry. Lease provisions giving

landlords the right of entry cannot exemptthem from the above requirements..Reasonable notice. is something you andyour tenant have to decide together. If yourtenant doesn.t care whether you call in advanceof when you come over, or even wouldjust as soon not be there when you.re there,fine. Not all tenants feel that way. AlthoughKansas law does not specify .reasonablenotice,. tenants seem to prefer from one totwenty-four hours. Around the country, statelaws give as much as forty-eight. If tenantswant a certain amount of notice so that theycan make arrangements to be at home, thetenants need to be willing to tell you timesthat they can be there and give you phonenumbers or other appropriate, relatively easymethods for reaching them. If it is impossibleto arrange a mutually agreeable time, thetenants should be willing to consider whethersomeone else, for instance a friend or familymember, could be there in their place. Everyonemust be flexible.LANDLORD ENTRY.Reasonable time. depends on the schedulesof both landlord and tenant. If the tenantworks 3 to 11 and wants to be at home whenthe apartment is entered, reasonable timemight mean 8 a.m. to 2 p.m. and any time ondays off. A mother with young children has theright to ask not to be disturbed during naptime. On the other hand, tenants need toaccommodate the schedule of a landlord whoworks an 8 to 5 job and needs to make repairson evenings or on weekends, or to make sureto allow weekday entry to a contracted repairperson who might charge extra to come outsidenormal business hours.It is best to establish .reasonable time. and.reasonable notice. with your tenant, preferablyin writing, early in the tenancy. Thatshould eliminate many misunderstandings andproblems.ENTRY WHEN TENANTSARE OUTA good practice, if you find you must enterwhen tenants are not home, is to leave a note.This will let the tenants know who was there,when, and what for . a reassurance that youare taking care of your business. It will alsoallay their fears if they come home and findsomething amiss or neighbors tell them someonewas seen entering while they were out.This applies even when advance notice hasbeen given.Many large companies use duplicate or triplicate.work order. forms and leave copies fortenants whenever maintenance is performed.(This gives them a good way to track theactivities of their maintenance people and tomonitor time spent on certain jobs and oncertain units as well.)40IF THE TENANT CAN.T BEREACHEDIf the tenants can.t be reached by phone(don.t answer or don.t have one), you havebeen unable to contact them at the property,and you have failed at reaching them anyother way, you can still safely arrange entry.Go to the property and tack or tape a noteon the door (perhaps with a witness if youthink there.s a chance you.ll have troublelater on) saying that, unless the tenants

contact you to make other arrangements,you are planning to enter the property at .X.time (usually the next day) to do .X. (whateveryou need to do). Keep a copy of yournote and the date and time you posted it. Atyour specified time, unless you have heardotherwise from the tenants, feel free to goahead and let yourself in and do what youneed to do.The law does say that if the tenant has beenor has said he or she will be gone for morethan thirty days, the landlord can enterwhenever it is .reasonably necessary..PENALTIESIf a tenant refuses to allow you legalentry, that tenant can be held liable forany .damages. (money losses) that you suffer.This can include such items as physical damagethat worsens because it is not repaired intime, even loss of rent in some situations ifyou have not been allowed to show the property.It can also include the costs of yourexpenses to gain entry (locksmith, brokenwindow) if the tenant had not allowed you tohave a key.The law also allows you to get court orders togain access and allows you to evict tenantswho unreasonably refuse you entry.On the other side, tenants have the samerights and remedies (damages, injunctions,notices to quit) if landlords enter unlawfully,make unreasonable demands for entry, or usethe right of entry to harass.A practical way to look at this, in order to talkyourself out of entering illegally, is that youcould really get stuck if something turned updamaged or missing.References: K.S.A. 58-2557, 58-2565, 58-2571.4130-DAY NOTICEIf a tenant who is renting from month-tomonthdecides that he or she wants tomove, that tenant is required to give thelandlord a written notice at least 30 days inadvance of a rent paying date saying thatthe tenant is planning to move out. Keywords are written (no exception) and rentpayingdate (other dates will not do unlessthe tenant and landlord agree). This applieswhether the rental agreement is written orverbal. If the tenancy is week-to-week ortwo weeks-to-two weeks, the notice requirementwould be the equivalent of the rentperiod (one week.s notice in advance ofa rent paying date for week-to-week tenancy,etc.). Kansas law provides that militarypersonnel with .orders., who havemonth-to-month written or verbal agreements,are required to give only fifteen (15)days written notice.WHEN THERE IS A LEASEIf there is a written lease or rental agreement,you need to check that document for what itsays about notice. For instance, though thestate law requires a 30-day notice to be fromrent-paying date to rent-paying date, if a leasesimply says .thirty days. notice in writing,.then that tenant.s notice would not be tied torent dates. Also, some leases require morethan thirty days. notice. As long as thelandlord.s requirement for notice is similar andthe period is not what the courts considerexcessive, then the notice period stated in thelease would be what is required. Some leases

require less than a 30-day notice or don.trequire a notice in writing. The court wouldlikely uphold any notice period of less thanthirty days from tenant to landlord as long asit had been agreed to by both parties.NOTICES TO TERMINATEFROM THE TENANTIt is important to have a renewal clause providingrenewal for an equal term or month-tomonth.Otherwise, if your lease just ends andthe tenants move out without notice, don.t besurprised!14/30-DAY NOTICEAnother kind of notice a tenant can giveto a landlord is what is called a 14/30-daynotice. This notice is tied to rent-payingdates and can be given by a tenant to alandlord when the landlord is in violation of amaintenance or rental agreement responsibility.A tenant must give this type of noticeto a landlord on or before a rent-payingdate, stating what items the landlord needsto take care of, and giving the landlord atleast fourteen days to take care of theitems or at least begin a .good faith. effortto do so. The notice should further statethat if these items are not taken care ofwithin the fourteen days, the tenant will beleaving on the thirtieth day (or the nextrent-paying date, whichever comes later). Ifthe items are taken care of or at least a.good faith. effort has begun, the tenantstays. If the items are not taken care of, thetenant goes. This type of notice can be usedto break a lease. If it is used and the landlorddoes not comply, the tenant can notonly move out and owe no further rent, butalso has the right to the return of the securitydeposit less any deductions that wouldhave been considered under normal circumstances.If a .good faith. effort begun during the fourteendays is not completed within a reasonabletime, or a problem resolved during thefourteen day period becomes a problem againsoon, the tenant can give a 30-day notice toquit, whether or not there is a lease, andmove out without further obligation.NOTICE TO QUITDear Landlord:I will be movingand so I will therebygive you my noticelease.The he TenantsenantsenantsenantsenantsThe TenantsAnytown, KS66006The LandlordAnytown, KS 66006425-DAY NOTICE - FAILURE TODELIVERKansas law provides that if a rental unit is notready for move-in as promised (in accordancewith state law, local codes, and the rentalagreement), tenants can give a 5-day writtennotice, move out (if they ever moved in), haveall prepaid rent returned, and have the securitydeposit (less deductions for tenant-causeddamage only) returned as well. Presumably,since the law is not clear about exactly whatthe five days means, tenants should give thistype of notice as soon as they have decidedthat the landlord is not going to make things

right and move as soon as they reasonablycan.5-DAY NOTICE - DAMAGE ORDESTRUCTIONThe law provides a similar 5-day notice to quitwhen fire or casualty has damaged a rentalunit to where it is uninhabitable. In such acase, the tenant is to move out as soon aspossible, rent responsibility ceases as of themove-out date, and the security deposit is tobe returned as in a normal move-out. If continuedoccupancy is lawful, the tenant canstay, paying a reduced rent based on thereduced value of the rental unit until repairsare complete. Your property insurance shouldcompensate you for the loss of rent.IRREGULAR TERMINATIONYou can.t stop someone from moving withoutproper notice, but you can protect your interestsand try to make sure you don.t lose anymoney. If a person gives you verbal instead ofwritten notice, you can accept it but it.s risky.Let.s say, for instance, you have a tenant whotells you verbally she plans to be out by acertain day. You say okay and secure a newtenant. Then, on moving day, the new tenantarrives and the old tenant is still there. The oldtenant says her plans didn.t work out and shehas no place to go. You are in a spot! (So isthe old tenant, but you are probably the onewho will get stuck the worst.) You need thatnotice in writing so the first tenant is clearlyliable for any expenses you and/or the newtenant suffer. If tenants won.t offer you awritten notice, write it for them and offer it tothem to sign. If they don.t want to sign, tellthem they.ll be liable for rent until they havegiven and fulfilled a proper notice.If one of your tenants dies, is unexpectedlyhospitalized for a long period of time, is arrestedand jailed, is kidnapped, or leaves dueto some other reason outside his or her control,obviously you won.t have proper notice.What you need is as much notice as possiblein writing from an appropriate party specifyingexactly what date that tenant.s belongings willbe out. Do your best to get identification andreferences from people who claim .to represent. departed tenants.Whether or not a tenant has given legal noticeto quit, you, as a landlord, are required to.mitigate your damages. by attempting to rerentthe property as soon as you have noticethat it will be vacant.To assist you in getting a new tenant as soonas possible, the first tenants should be ascooperative as they can by keeping the placeclean and allowing you to show it. If the tenantswho are leaving are not cooperative, itcould be their fault if you aren.t able to get anew tenant in quickly. Once your new tenantmoves in, the first tenant.s liability for rentceases since you can.t collect rent twice on thesame place. If the first tenants have prepaidrent, then you owe a refund for the days thatthe new tenant is in residence. If the tenantshave not prepaid, you have the right to chargerent up to the date the new tenant movedin or the day that a proper notice or the leasewould have ended, whichever comes first, aswell as any other extraordinary expensesinvolved with the lease breakage. If the securitydeposit is not adequate to cover thesecharges, they can be billed to the tenant and

you can take legal action, Small Claims Courtor otherwise, to collect. (See Security Depositand Small Claims Court chapters.)43If a tenant leaving early is due to a .goodfaith. effort to comply with a notice or orderfrom you that did not comply with the law,you need to work out some reasonable arrangementon how much rent the tenantowes. Situations like this come up when, forinstance, a landlord, in a moment of angersays, .Well, then, just move out!. and thetenant does; when a landlord says, .Move outas soon as you can, I want to let my son livethere. and the tenant moved the next week;and so on.MOVE OUTIf tenants do not move out on time, evenif they gave you notice to vacate/terminate,you have legal remedies to get them out andpenalties that can be charged against themfor .holdover possession. if you are unable tomove a new tenant in. These remedies arediscussed in more detail in the Evictionschapter in this handbook.ABANDONMENTThere is a procedure that you can legally useto get your property cleaned out and rerentedif someone simply disappears on youand you don.t know where they are. (At leastone Kansas landlady calls these people .nightcrawlers . you know, people who leave in thenight!.)The legal definition of .abandonment. requiresthat three conditions be met: 1) the tenant isat least ten days behind in rent, 2) the tenanthas removed a substantial portion of thetenant.s belongings from the unit, and 3) thetenant has not advised you that he or she isplanning to stay.To determine the first and third points is easy.To determine the second point, you may say,.Well, I don.t bother my tenants. How do Iknow how much this person had in the firstplace or how much of it is gone?.You will have to use your best judgment interms of what is there, what is gone, and whatyou.ve heard to decide whether a .substantial.portion is gone. If you cannot see inside theproperty through the windows, you will alsoneed to arrange legal entry to check. (Seesubsection entitled .If the Tenant Can.t BeReached. in the chapter on Landlord Entry.)Because this situation can get very stickylegally, you may want to check with yourattorney before you proceed.If a rental situation meets the definition ofabandonment, you have the right to immediatelypack up all the things that were left andput them in storage. You then must run an ador do what you normally do to advertise andget the place re-rented. The law says that youcan charge rent to the abandoning tenant untila new tenant moves in or until the rentalagreement ends, whichever comes first. (Seethe subsection on .Disposal of Leftover Possessions. in the Evictions chapter regardinggetting rid of the tenant.s things and whatcosts can be charged to the tenant.)Don.t forget to do your security deposit letterto the last known address as required by law,even in cases like this. (See Security Depositchapter.)References: K.S.A. 58-2559, 58-2560, 58-2562, 58-2563, 58-2570, 58-2571; Abandonment,

K.S.A. 58-2565; Damage or Destruction by Fire or Casualty, K.S.A. 58-2562; 14/30 DayNotice, K.S.A. 58-2559; Soldiers. and Sailors. Civil Relief Act of 1940, 50 U.S.C.A. App. § 501,et. seq., Tenancy Termination by Military Personnel44HOW TO SHOP FOR AN ATTORNEYWhen shopping for an attorney for a landlord-tenant case, you want someone whowill take care of your business quickly and inexpensively and who will win . right!? Becauselandlord-tenant cases usually do not involve a lot of money, many attorneys areunfamiliar with that area of the law. Your family or business attorney may not be the bestperson 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 hiresomeone who is already familiar with it.. Courthouse Time Is the attorney there often? In most landlord-tenantcases there are many papers to be filed and speed is important. If yourattorney is often at the courthouse anyway, speed should not be a problemand it shouldn.t cost you extra.. Initial Consultation This is crucial if you don.t know the attorney or heor she has not done this type of work for you before. Many attorneys chargenothing or a small charge ($20.$35) for a first consultation. Remember,you are hiring this person, not the reverse. If you don.t like the person orfeel he or she is not interested in your case, keep looking!. Estimated Fees Get, on paper, an estimate of what this process shouldcost you. Some attorneys have basic flat rates on routine processes suchas evictions. Most will charge by the hour but can still estimate what thetotal should be.You can check out the first two items by phone. Then, just as if you were gettingbids on a major purchase or repair, you might want to plan to interview three attorneyswho 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 LawyerReferral Service at 1-800-928-3111. They will give you the name of an attorney inyour 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 theLawyer Advice Line (charges are $3 per minute and can be charged to MasterCard, VISAor debit cards). If you are over 60, you can contact your local Kansas Elder LawHotline at 1-888-353-5337 for a referral to an attorney who is paid with public funds toprovide legal consultation (maybe not representation, but at least advice) to senior citizenswithout charge.45The most important thing to keep in mindwhen considering evicting a tenant is DON.TWAIT! In many cases, landlords never recoverlost rent and other .damages. fromtenants they desire to evict. The longer theywait, the more money they lose. Looked atanother way, the sooner you get bad tenantsout, the sooner you will get good tenants in.When you are budgeting, expect that you canwrite and serve your own notices but that youwill have to hire an attorney to handle aneviction in court. Your legal fees and courtcosts will probably be at least $150.00. Legalfees are usually not recoverable in landlordtenantsuits, so expect that they will be abusiness expense to you.30-DAY NOTICEIn Kansas, if a tenant is renting from monthto-month and a landlord wants the tenant tomove, the landlord must give the tenant awritten .notice to terminate. or .notice tovacate. at least thirty days in advance of arent paying date that is specified in the notice.If the rent period is less than thirty days, thenotice requirement is equivalent to the rentperiod (i.e., week-to-week, seven days. notice;rent paid twice a month, fifteen days.notice). If there is a lease agreement, thenotice to terminate/vacate must be in compliancewith the lease agreement.The key thing to remember here is that thenotice must be given at least 30 days in advanceof a rent-paying date. This means that,if your tenants pay their rent on time, perhaps

you can exchange the eviction notice for therent. If the tenants pay late, you.re going tohave to serve the 30-day notice before youget the rent. Tenants owe the last month.srent whether they have given or received thenotice to quit and you need to make this clearto your tenants. (Some tenants don.t want toor won.t pay.) If you hold off on giving the 30-day notice until you have the rent in hand, awise or devious tenant will know that, at thatpoint, the notice is too late and that the tenanthas the right to stay in the place another thirtydays.A 30-day eviction notice can be very short andneeds simply to say something like:(Date)Dear (Tenant) : The purpose ofthis letter is to ask you to move out of theproperty that you are renting from me at(Address) by (Date) .Sincerely, (Landlord)You do not have to state a reason in a 30-daynotice. In fact, it is better that you don.t, sothat the tenant does not have a defense in apossible suit based on the reason. Some tenantsmay tell you that they.re sure there is alaw that says that you cannot evict a tenantwho is pregnant or if someone in the house isill. This is not true.The only time that you cannot give a tenant a30-day notice is if there is a lease for longerthan month-to-month and it does not providefor giving a 30-day notice during that time or ifyour motive is retaliatory. (See subsectionentitled .No Retaliation. later in this chapter.)3-DAY NOTICE (72 HOURS)If a tenant is behind in rent, a .3-day notice.can be given. Kansas law has no statutory.grace period. for rent payments. So, unlessyour rental agreement provides a grace period,this notice can be issued the minute the rentbecomes delinquent. Non-payment of rent isthe ONLY time that less than a full rent periodof notice can be given.Because a portion of your lawsuit involvescollecting money, be aware that the FederalFair Debt Collection laws apply and may requireEVICTIONSEVICT ION NOTICEYo u are he reby notifi edthat due to your into pay r ent,your . ......... ....has been.....you mustpremis es in aT he L andlor dThe LandlordAnytown, KS66006The TenantsAnytown, KS66006REGISTERED MAIL46certain warnings when you write the tenantabout money due.The following is an example of how you mightword a non-payment of rent eviction notice:(Date)___Dear (Tenant) : As my tenantat (Address) , you are currentlybehind in rent payments. My recordsshow that you owe $ (Amount) which was

due (Date(s) . If you do not eitherpay the above amount in full or move out ofthe property within (Number) days, I will beforced to take legal action against you for themoney and/or possession of my property.(Option: I hope that this situation can beworked out satisfactorily, as legal actionwould be costly to both of us.)Sincerely, (Landlord)___Note that the sample notice says to pay therent in full or move out within .X. number ofdays. The law requires that you give no lessthan 3 days. If delivered by mail, an additional2 days from the date of mailing must beallowed. You can give more days if you like.You do not have to accept partial paymentsand you do not have to accept any paymentsafter the time is up. If you do choose toaccept partial payments or late payments, bevery careful in your receipt to indicate whetherby accepting that payment you are voidingthe eviction notice and whether you are planningto continue with your legal action. If youagree to forestall legal action because thetenant has offered an acceptable paymentplan, get the plan in writing. Make sure it isclear that, if any of these payment dates arenot met, you have reserved all rights to proceedwith legal action. With that kind of writtenagreement and your file copy of youreviction notice, you should not have to issueanother 3-day notice if the tenant defaults ona payment plan. All of the above notwithstanding,agreeing to a payment plan is not agood idea. Unless the tenant can show toyour satisfaction that enough money will becoming in to allow payment of past-due rentas well as future rent and all other anticipatedexpenses, you are better off to take what youcan get at the time, agree to no paymentplan, and proceed with eviction. If the tenantoffers the over-due rent in full within the threedays, you must accept the money. At thatpoint, the legal situation is as if the notice hadnever been given. If you still want the tenantto move out, for whatever reason, you mustserve a regular eviction notice. (See .30-DayNotice. subsection above.)14/30-DAY NOTICESometimes you will get into a rental relationshipand discover that something is wrong .the tenant isn.t paying on the security depositas promised, the tenant has broken somethingand should be paying for it or repairing it,an unauthorized pet or person has moved in,or the neighbors are complaining about noise.You don.t mind having the tenants stay if it istaken care of; otherwise, they will have to go.A 14/30-day notice is probably the thing to do.Kansas law says that, if a tenant does notcomply, a 14/30-day notice can be used tobreak a lease. It can also serve as a warningtypenotice to a month-to-month tenant.If there is only one violation, your notice mightread as follows:(Date)____Dear (Tenant) : You havebeen violating our rental agreement and yourlegal responsibilities as a tenant at(Address) by (Violation) .If the situation is not corrected within fourteen(14) days of your receipt of this letter, youmust move by the thirtieth (30) day fromreceipt. If the situation is corrected, then you

may stay. (Option: If you would like to discussthis matter, you can reach me at(Address & Phone Number) .)Sincerely, (Landlord)____If the tenant has more than one violation,your notice might read as follows:(Date)____Dear (Tenant) : You havebeen violating our rental agreement and your47responsibilities as a tenant at (Address)in a number of ways. If thefollowing situations are not corrected withinfourteen (14) days of your receipt of thisletter, you must move by the thirtieth (30)day from receipt. If the situations are corrected. and ALL, not just some of them,must be corrected . you may stay.(Violations)_____________(Option: If you would like to discuss thismatter, you can reach me at(Address & Phone Number) .)Sincerely, (Landlord)_____You can substitute actual dates for the 14-and 30-day language. If a tenant gives thistype of notice to a landlord, it is tied to rentpayingdates. When a landlord gives this typeof notice to a tenant, it can be in any thirtydayperiod; there is no tie to rent-paying dates.If the tenant corrects the violation (paysmoney, makes a repair, whatever) or makes a.good faith. effort to correct within the fourteendays specified in the notice, then thetenant gets to stay. It is as if the notice hadnever been served. You do have the right toinsist, if there are multiple violations, that allviolations are taken care of, not just one ortwo.The law goes on further to say that if thetenant corrects the violation(s) within thefourteen days, then a violation recurs afterthe fourteen days, the landlord can immediatelyserve an irrevocable 30-day notice(regardless of rent-paying dates). You wouldbe responsible for a security deposit return asin any normal move-out (see Security Depositchapter) under these circumstances.HOLDOVER POSSESSIONIf a tenant has given or been given a legalnotice to quit and does not get out on time,the landlord can sue that tenant for up to1-1/2 times a month.s rent or 1-1/2 timesthe landlord.s cash losses, whichever isgreater, if the tenant.s holdover is .willful andnot in good faith..This is an important point to note in evictionnotices if you think your tenant needs a little.encouragement. to get out on time.It is also important to make sure your attorneyis aware of this provision in the law sothat if you ever have to file legal papers andgo to court on an eviction, you include thispenalty in your suit.HOUSING PROVIDED TOEMPLOYEESA minimum of ten days. written notice toterminate is required if a tenancy is employment-related. (Employment-related tenanciesare not included under the Kansas ResidentialLandlord and Tenant Act but are covered inK.S.A. 58-2504.)NO RETALIATIONThe City of Topeka has a local ordinance whichsays specifically that no landlord may evict, raise

the rent, or decrease services to a tenant withinsix months after the tenant has (a) made avalid complaint about health and safety to thelandlord, (b) made such a complaint to a governmentalbody charged with enforcing relatedstatutes, and/or (c) has been actively involvedin a tenant organization. This ordinance is enforcedby the City Attorney.s office and throughMunicipal Court; it also can be used by a tenantas a defense in a state court.The Kansas Residential Landlord and Tenant Act ,though it is a little bit more vague in the writing,says basically the same thing, though it doesnot specify a time period.Presumably, aside from specifically outlawinggetting back at people for complaints that theythink are legitimate, these laws provide a .cooling-off. period for disputes between landlordand tenant.48NO LOCK-OUTS ORCONSTRUCTIVE EVICTIONSThe law provides that the notices reviewedabove are the proper ways to handle evictinga tenant. It recognizes no other. Such actionsas shutting off the utilities, padlocking thedoor, changing the locks, putting the tenant.sthings out in the yard or the street, or evenwild suggestions such as taking the doors offthe hinges or removing windows are specificallyillegal in Kansas. In fact, the Landlord andTenant Act provides that the landlord could beliable for 1-1/2 times the rent or 1-1/2 timesthe tenant.s actual financial losses, whicheveris greater, as a penalty. In addition, it says thatif the landlord does anything like the actionsmentioned above, the tenant may move outimmediately, recover actual .damages.(money losses), and have the security depositreturned as it would have been under normalcircumstances, within 30 days.A situation like this where a landlord inJunction City barred his tenants from theproperty after they left one morning ended upin the Kansas Supreme Court in June of 1983.The court awarded the tenant in that case$1000 in punitive damages against the landlordbecause the landlord.s action was considered.wanton and willful.. Be careful on thisone.The actions mentioned above are consideredin legal terms to be .constructive evictions. .evictions arranged by action rather than thelegal process. Even though you may not likeyour tenant and want your tenant to move, itis more straightforward and more legallyacceptable to simply .bite the bullet,. get outyour checkbook, hire an attorney and do itright.WHEN NO NOTICE ISNECESSARYIf the lease has a specified termination dateand does not have clauses about renewal,then, unless other arrangements are made,the relationship legally terminates on thatfinal date. No notices are necessary fromeither landlord or tenant in this case. In fact, ifeither party expects that the tenant will stayon from month-to-month or for a similarterm, it is a good idea to exchange notices tothat effect at least thirty days before the endof the rental period.In cases where tenants cause extreme damageto property or have threatened the lives of

others, it is possible to ask them to leaveimmediately and to proceed with legal action ifthey don.t.Finally, if the landlord/tenant relationship doesnot exist, no notice to quit is required. Thiscould happen, for instance, in the case of.squatters. where you either find someoneliving in property that you thought had beenvacant for some time or you discovered thatthe people to whom you rented the propertyhave gone and left other people in their place.In these cases, you can approach the problemeither from a civil or criminal point of view.From the civil point of view, you have yourlawyer file suit against the people for immediatepossession of your property, claiming thatthey are not your tenants and have no right tobe there. You ask for whatever reasonableamount of money they might owe you in rentand for other expenses based on the situation.From the criminal point of view you could file apolice report or approach the local county ordistrict attorney.s office and ask them to prosecutethe people on grounds of trespassingbecause they have no legal right to be on yourproperty. If you use the criminal remedy to getthem out of the property, you can still use thesmall claims procedure or other civil remediesto collect some money.GUESTSTenants have the right to have guests in theirhomes for reasonable periods of time unlessthe rental agreement specifically prohibitscompany. The problem is trying to decidewhen a guest becomes a tenant. A rule of49thumb to use is that a guest would become atenant after being in residence for thirty daysor more. If a tenant has a guest who, forinstance, stays regularly two or more daysper week but has another residence where heor she receives mail and does other personalbusiness, then you may not be in a positionto say that this person has become a tenant.If your tenant has taken in a guest who, inyour opinion, has become a tenant, you cangive a 14/30-day notice specifying that, if theother person is not gone within fourteendays, both of them must be gone in thirty ORyou could take action against the personwhom you do not consider your tenant asmentioned in the .Where No Notice is Necessary. subsection. If you do not have a writtenrental agreement specifying who can live inthe property, you may find that you have totake eviction action against everyone in theproperty because you can.t prove who is yourtenant and who is not.DELIVERING NOTICESFirst make sure you date and sign any noticeand keep a copy for yourself. Your copy caneither be a hand-written copy that is exactlythe same, or, preferably, a carbon or photocopy. Your signature does not have to benotarized.You can write a notice yourself and you can.serve. it yourself. The law recognizes anumber of ways to deliver.Serving the notice in person is legal and isusually quick and effective. You go up to thetenant.s door and simply hand the notice tothe tenant or anyone who resides at theproperty who is over the age of twelve years.(The person must reside at the property, not

simply be there.)If your tenant is not home or will not answerthe door, you can post the notice on the doorby tacking or taping it. If you think you aregoing to have any trouble with the tenantclaiming that the notice was not received (sayingit must have blown away or some such story),take an impartial witness along with you totestify that you did in fact either hand the noticeto someone or leave it in the door at the specificday and time. Since the law regarding landlordentry does not allow you to enter the tenant.sproperty without permission unless there is anemergency, going into the dwelling unit andleaving the notice on the kitchen table or somewhereelse inside is not advisable.Certified and registered mail are often consideredto provide the best proof of service. Oneproblem with this method of serving is thatoften tenants who are expecting trouble willnot pick up or accept their letters. Then, aftertwo or three weeks, the mail is returned to thesender. On the other hand, you get a signedreceipt as proof of service or your returnedletter as proof of a .good-faith. attempt toserve. Some judges will consider an unsuccessfulattempt at certified or registered delivery asadequate service; some will not.The law neither encourages nor disallows theuse of regular mail. Most courts accept the.mailbox rule. whereby, if you say you mailed anotice, the court will assume the tenant receivedit, even if the tenant denies receipt.Having a witness to your posting of the lettercan help in such cases; on the other hand,some people.s mail does get stolen. It is possibleto get a .Certificate of Mailing. for a smallfee if you mail a letter at the post office.If you have a problem tenant that you fear willnot accept service and you want to ensure.good service,. you can try dual service. Serveduplicate notices both at the door and by regularmail or by regular mail and certified orregistered mail.THE EVICTION PROCESSA proper 30- or 3-day notice must have beenserved before your attorney can start thecourt process to regain .possession. of yourproperty for you and to collect any money that50is due. Up until this point, you can handle allnotices and service yourself, although, for afee, your attorney can do that for you.If your tenant has already responded to youreviction notices by moving out but still owesyou money, you can have your attorney collectfor you. The Small Claims Court option wouldalso be available. You cannot get an evictionorder in Small Claims Court, but you can get ajudgment for unpaid rent and/or other moneyor items the tenant owes you to the value of$1800. You can do this yourself. (See SmallClaims Court chapter for process.)Your eviction action will probably be in LimitedActions, a division of the court at your countycourthouse. Although state law does not requirethat you be represented by an attorney,it is advisable. The clerks in the courthouseare not authorized to assist you in preparingthe complex legal papers that can be involvedin such a suit, nor are they supposed to adviseyou on court procedure. If you want to try torepresent yourself, it would be advisable to atleast pay the money to have an attorney

advise you on how to go about the processand how to fill out the papers. (See .How toShop For An Attorney. in this handbook.)It is a good idea to already have an attorneyin mind and have this attorney ready to file assoon as the final day of an eviction notice isup. The sooner you file in court, the soonerthe eviction action will be over. For that reason,you want to make sure that you have anattorney who will act promptly on your case.The legal papers that your attorney draws upshould probably include a request for thefollowing:1) Immediate return of possession ofyour property to you (known as a .writ ofrestitution.) This is the .eviction. part.2) Payment of any money due you Thisusually includes any past-due rent and a requestthat the tenant pay the rent on a perdaybasis as long as the tenant stays in possessionof the property. This may also includea request for other money that the tenantowes the landlord because of damage to theproperty or other losses the landlord hassuffered.3) Hold-over possession charges wherethe tenant is still in property The lawprovides that landlords can collect one and ahalf times a month.s rent or one and a halftimes their actual financial losses, whichever isgreater, if tenants willfully do not move out atthe end of legal notices to quit. The law doesnot provide for you to collect your attorney.sfees and court costs from tenants in evictioncases. This money can help pay part of thoseexpenses.As soon as your eviction suit is filed, yourattorney will be given a date and time for the.docket call. of the court. This docket date isnormally about ten days from the filing of thesuit and is basically a roll call. During the tendays, the court has the sheriff find your tenantsand serve papers on them notifying themof what the suit is about and when they mustappear in court.Court procedures can vary a bit here. Somecourts will go to great lengths to attempt toserve people personally; others instruct thesheriff to routinely tack notices on the door ifno one answers. Both are considered legalservice.If your court is one that strives for personalservice, it is important that you advise yourattorney and/or the sheriff of any informationyou can think of regarding when and where tofind your tenants.Check with your attorney about the use of a.special process server. if you need speedyservice and/or think you have a tenant whowill avoid being served papers by the sheriff.The .special process server. process involveshaving your attorney do some extra paperworkwith the court, having a judge appoint51someone besides the sheriff (this could be afriend or neighbor of yours or someone yourlawyer knows) to serve papers for you. Thatway you can help this person find your tenant,perhaps in odd places or at odd hourswhere the sheriff might not be quite as diligentin looking.At docket call, the judge or a clerk will basicallycheck to make sure that both you andyour tenant are there and that there is still

some dispute. If someone representing youdoes not show up at docket call, whether ornot the tenant is there, the case will probablybe dismissed .for lack of prosecution.. If yourtenant does not appear but you and/or yourattorney do, your tenant will probably losethe case in what is called a .default judgment.. In this case, unless there is somethingwildly unusual in your legal petition, the judgewill award you whatever you have asked for.If both you and the tenant appear, the judgeor clerk will ask the tenant whether the tenantis aware of the charges and agrees thathe or she is responsible. If the tenant says.yes,. the judge or clerk will say something tothe effect of, .Okay, you lose.. As soon asyour attorney records the appropriate .journalentry. in the file, that will be it. You willhave a judgment for whatever you requestedin your petition. If, however, the tenantsobject, saying that they don.t owe certainmoney or they propose counterclaims againstyou, a date will be set for a trial. This trial, bylaw, in an eviction case, must be set withineight days of the docket call.The tenant might have a claim against you ormight just want the extra eight days to trial.If a trial occurs, the judge will hear both yourtestimony and the tenant.s and, hopefully, willmake a fair decision. Normally, the judge willorder that the tenants move out, whether ornot there are issues.In complicated cases, judges sometimesdecide whether or not the tenant can stay atthe property on the trial day, then postponethe hearing on all the other issues until a laterdate. If there is some dispute about whether alandlord should get the rent (for instance in asuit where the tenant has strong counterclaimsabout maintenance of the property), the judgemay order the tenant to pay the rent into thecourt instead of to the landlord until the rest ofthe issues are decided.FORCIBLE DETAINER ACTIONIf the judge has ordered your tenant to moveout and the tenant does not go, the court canassist you with move-out. A form called .Writ ofRestitution and Execution. is needed for this. Itis often filed at the same time the journal entryis entered. There are no extra court costs forthis procedure.What generally happens here is that the judgeorders the sheriff to assist you in a .forcibledetainer. action. The sheriff, by law, has tendays to carry out this order.The sheriff goes out the first day or two of theten days to see if the tenant.s belongings arestill there and, if so, to serve the Writ of Restitutionand Execution on the tenants or theproperty. If the tenants insist that they can beout by the end of the ten days, the sheriff mayleave and come back on day nine or ten to seeif they are gone and only proceed with theforcible detainer action if the tenants are still inpossession. In some counties, the sheriff waitsand checks with the landlord by phone on theeighth or ninth day to see if the tenants are stillthere, making arrangements for entry andaction at that time if it is still necessary. Someact the same day.Depending on the county, the sheriff maypersonally move the tenant.s things out, possiblyeven renting a truck or some vehicle andhauling the things away to storage. More often,

what happens is that the sheriff shows up andmakes the tenants leave the property, barsthem from coming back and gives possessionof the property to the landlord. This can includesimply moving the tenant.s belongings out ofthe property onto the lawn; it can mean mov52ing them into an adjacent structure such asthe garage or storage; it can include haulingthe property out to some other storage facility;and it can include hauling it to the dumpand throwing it away.DISPOSAL OF LEFTOVERPOSSESSIONS AFTERABANDONMENT, SURRENDER,OR EVICTIONWhere there has been an abandonment, orwhere the tenant has been removed as aresult of a forcible detainer eviction action, orwhere a tenant has given or received a noticeto quit and has left as expected and has leftitems in your property, Kansas law spells out aprocedure for holding and then disposing ofthis property.First, the law says to collect all the personalproperty and put it in storage. You must hold itat least thirty (30) days. .What if it is trash orjunk?. you say. Use your judgment. If youthink there is likely to be any question at all,you may want to consult with your attorneyfirst. At least, take some photos of what it isthat you.re disposing of so that later you canprove to a judge or someone else that it trulywas broken-down junk. It is also a good ideato make an item by item inventory specifyingthe items and their condition.Next, within fifteen days of when you plan todispose of the items, you need to have anotice published in your local general circulationnewspaper stating the name of yourtenant, a brief description of the property youare holding, and an approximate date (at leastthirty days after the date you took possessionof the property) after which you plan to disposeof the property.The ad may read:Abandoned property of (Tenants Name),(Address of Rental): (description of items, i.e.,chair, shelving, W/D, small TV, misc.) will bedisposed of if not claimed by (Date to beDisposed).Then, within seven days after your notice ispublished, you need to mail a copy of thenotice to the tenant at the tenant.s last knownaddress that you have. It may be your rentalunit, but the Post Office may have a forwardingorder. If the letter is not returned to youby the post office, it will be legally presumedthat the tenant got it. If it is returned to you,then it will be proof that you did attempt tosend it. Use certified mail for better proof.Enclosing a personal note along with the publishednotice is optional.The reason for the notices listed above is sothat any .secured creditors. such as the ownersof a rented TV or stereo or rented furniturecan come and claim items that belong tothem after showing appropriate proof. (Youhave the right to charge secured creditorsreasonable moving and storage expenses fortheir items.) It also gives the tenant a chanceto claim the items himself or herself. If thetenant arrives to claim the items anytimebefore the thirty days are up, the landlordmust return them to the tenant as long as the

tenant pays the landlord for the expenses oftaking and holding the property, running thead, and any other amount due from the tenantto the landlord (such as rent or damagesor court judgments). After thirty days are up,as long as the above requirements have beenmet, the landlord has the right to sell or disposeof the property (keep it, take to thedump, etc.). The law spells out the fact thatthe landlord can apply the proceeds from thesale of the property first to the debts that aredue him or her from the tenant, and, if there isprofit left over after all those debts are paid,the landlord has the right to keep the money.Note: Though the law allows landlords torefuse to release possessions if the tenantcannot pay, many landlords opt to release thepossessions anyway simply so the items aregone and there is no further hassle with them.It.s up to you.53References: K.S.A. 58-2504, 58-2505, 58-2509, 58-2552, 58-2560, 58-2561, 58-2564through 58-2572; Court Process (Forcible Detainer), K.S.A. 61-2301 through 61-2311; EmploymentRelated, 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; Serviceof 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 Courtcase Geiger v. Wallace established punitive damages in constructive eviction; 1986 KansasCourt of Appeals case Davis v. Odell established that landlords could be liable for damages ifpossessions are not returned without reservation after forcible detainer action; Model 3-Day, 30-Day, and 14/30-Day Form Notices can be ordered from Housing & Credit Counseling, Inc.LEAD-BASED PAINT REGULATIONSFederal Environmental Protection Agency and Housing and Urban Development regulationsconcerning 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 hazardsin the rental unit.. Provide tenants with any available records or reports pertaining to the presence oflead-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 basedpaint in the rental unit and acknowledgment from the tenant that they have receivedthis information.Copies of the pamphlet and disclosure form can be obtained FREE of charge by callingThe National Lead Information Clearninghouse at 1-800-424-LEAD. Copies may also beobtained on the Internet at www.epa.gov/docs/lead_pm or contact the National Centerfor Lead-Safe Housing at www.leadsafehousing.org.References: 40 CFR Part 745 and 24 CFR Part 35 published on March 6, 1996, in theFederal RegisterFRAUDULENT ACTIONIf someone leaves owing rent money andyou think that the person did this on purposeand never wanted or intended to payyou, there may be an opportunity to pursuethat person through criminal charges. Contactyour county District Attorney.s office,explain the situation, and see whether theyfeel it would qualify for prosecution.54Small Claims Court exists to provide a forumfor the speedy trial of fairly simple claims at aminimal cost.WHAT IS A SMALL CLAIM?A small claim is defined in Kansas as a claimfor recovering money or personal propertyfrom an individual, a business, or an organizationwhere the amount involved is $1800or less. It is especially useful for the collectionof back rent from a tenant who hasmoved out or a decision on who should paya disputed repair bill. Evictions are nothandled in Small Claims Court.WHO MAY FILE A SMALLCLAIM?

Anyone may file a small claim, but there aresome restrictions.l) Most important, you represent yourselfand the tenant represents himself or herself.If any person filing in Small Claims Court hassomeone representing them and the representativeis an attorney or was formerly anattorney, then the other party is entitled tohave an attorney represent them. If anattorney or former attorney is representingthemselves in a small claims suit, then theother party is allowed an attorney as well.2) Persons under 18 must be representedby an adult.3) You may not authorize a third party tosue in your behalf. (Rare exceptions to thisrule can be made with the consent of thejudge in situations where, for instance, aperson is senile or is otherwise unable torepresent himself or herself.)SMALL CLAIMS COURT4) The statute of limitations varies dependingon the type of claim (i.e., 2, 3 and 5 years).Generally, the sooner you file the better.5) No person or entity may file for more thanten small claims in any calendar year in anyone county. Any attempts to do so may resultin fines being assessed and judgements whichcannot be enforced.HOW DO YOU FILE A SMALLCLAIMS SUIT?A small claims suit should be filed in thecounty where the tenant resides or has a placeof business or where the incident in questiontook place. Some courts will allow you to fileon someone outside the county but within thestate of Kansas, some will not. If your case isagainst someone who is out of state, you maynot be able to use the Kansas small claimsprocedure.To start a small claims suit, you must fill out aform provided by the clerk of the court. To findthe right office, look for a sign in the countycourthouse saying Small Claims or LimitedAction or District Court.The form you fill out is not complicated. Youmust simply list your name and address,the defendant.s name and address, and stateyour claim. After you have completed theform, return it to the clerk and pay a filing feeof $31.00 . $51.00 depending upon theamount of the claim. The judge may waivethis fee if good cause is shown that you cannotafford it. You must sign your form in frontof the clerk or, if you file by mail, you musthave it notarized.The clerk will then assign a date and time foryour claim to be heard. The sheriff will serve asummons on the defendant to notify him or55her of the court proceedings. (See .TheEviction Process. subsection in the Evictionschapter for details about service of notices.)If you have not heard from the court, checkin at least a day before your hearing is scheduledto make sure the defendant was servedthe court summons. If not, you will need togive the court any clues you can (addresses,times, etc.) on how to find this person. Therecannot be a trial until the defendant is notified.A .publication. process is available ifyour opponent truly can not be found, butyou can.t collect money that way.It is important to remember that the person

you are suing may bring a countersuit againstyou. So, know as much as possible about thecircumstances involved in your claim.WHAT IF YOU ARE THE ONEBEING FILED AGAINST?You will receive a summons stating that thetenant claims you owe an amount of moneyup to $1800 for a security deposit return,damages, or whatever. You can defend yourselfif you feel the tenant owes you money. Itcosts nothing to counter-sue unless yourclaim is over $1800 and you choose to take itto a higher court.WHAT IF YOUR OPPONENTOFFERS TO SETTLE?To .settle. means to make some sort of dealregarding a certain amount and paymentterms and .drop. the case from court.It is advisable to settle only if you have beenpaid or your items returned in full. (Thissettlement should include any court costsand interest desired.) If you aren.t totallysatisfied, go ahead to court and get yourhearing and official judgment on the entireclaim.If a case is settled, the plaintiff (person whofiled) should notify the court in writing andhave the hearing cancelled. Check with thecourt to see if there is a form that can be filledout and signed; otherwise, a letter of dismissalshould be written and delivered to the court.The defendant should check with the court theday before the scheduled court date and makesure the plaintiff did have the case dismissed.When in doubt, you should appear at the appointeddate and time for your own protection.WHAT PREPARATION ISNECESSARY BEFORE GOING TOCOURT?Make sure you have all materials and papersthat are important to your case. If you aresuing for rent, bring your rent ledger. If youare suing for damages, bring repair receiptsand proof of payment. It is important that youwrite down all of the facts of the case beforethe hearing and take them with you. Youshould not expect to read this at the trial, but itcan be an important reference so you don.tforget any details or dates when you arespeaking to the judge.Be sure to inform any witnesses you have ofthe date and time of the hearing. It is up toyou to see that they are there. Witnesses canbe subpoenaed by the court. However, if thecourt calls them, you will have to pay a witnessfee. Depositions (signed statements fromwitnesses) are not allowed.If you need more time to prepare your case orif for some very important reason (such asserious illness) you, as either plaintiff or defendant,cannot make it to court on the day ofyour hearing, you must request a .continuance. from the clerk or judge at the SmallClaims Court. This must be done as far inadvance as possible. Although everyone has alegal right to one continuance, the court mayset a deadline (usually a day or two before)after which time none will be granted. If you failto ask for a continuance and do not appear incourt for the hearing, you may lose your rightto be heard by the judge and may automaticallylose your case.56You might consider sitting in on Small Claims

Court before you file or at least before yourhearing date comes up. Small Claims hearingsare public. By attending at least one session inadvance, you will know how small claims casesare handled by the court and the judge in yourcounty. The clerk.s office can advise you when alandlord/tenant case is scheduled.WHAT HAPPENS IN COURT?Be sure that you appear in court on the dateand time assigned by the clerk. Get thereearly! If you are not present, your side of thecase will not be heard and your opponent willwin.At the hearing, the claim is heard by a judge.There is no jury. You and your opponent representyourselves. The only information the judgeshould have ahead of time is the original claimform and possibly a counterclaim form (thoughcounterclaim forms can be turned in at the trial).The procedure is very simple. You present yourside of the story to the judge. In doing so, youshow any evidence and call any witnesses youhave to testify. You can testify on your ownbehalf. If you do, tell your side. You don.t needquestions. The judge may then ask questions ofyou and your witnesses. Your opponent will beasked to present his or her case and any claimthat he or she may have against you. Whenyour opponent is finished, the judge may questionyour opponent and your opponent.s witnesses.SOME HINTS!You may want to prepare an .opening statement. . one or two sentences that summarizeyour side of the case . and practice it in advance.When presenting your case, make your statementsshort and present any pertinent documents.If you have any witnesses, take them with youwhen your case is called. If you don.t, they maynever be called forward by the judge. It is importantto answer the judge.s questions directlyand in a calm manner.Speak clearly, directly, and only when spokento. If you must interrupt or insert a point, do itas politely as possible. Never be rude to thejudge or your opponent either in speaking or bymaking gestures or faces.WHAT ABOUT THE RULING?The judge considers the argument and evidenceand decides the validity of your claim. He or shemay award an entire request, part of it, or noneof it. If you win, the judge may order youropponent to pay you interest and/or reimburseyou for your filing fee in addition to the amountyou asked for. The judge may decide that youropponent.s claim is more valid than yours andorder you to pay money to your opponent.COLLECTINGWinning in court does not necessarily mean thatyou get paid promptly, in full, or ever.Payments can be made through the court ordirectly between you and your opponent. Installmentpayments are allowed if both partiesare willing. Use of the court will provide anofficial record. Use receipts, whatever you do.Your judgment is .good. almost forever as longas you keep checking in with the court andofficially renewing it at least every five years orso.After 10 days, assuming no appeal has beenfiled, the court can assist you in collecting yourmoney. It will be up to you to make sure appropriatepapers are filed and to find out where thisperson.s money is. You may hire an attorney oruse a collection service to assist at this time.

.Aid in Execution. and .Garnishment. are thetwo court-assisted collection procedures.AID IN EXECUTIONYou can go back to the court clerk and ask tohave the court .aid. you in . execution. of the57judgement. Most courts will provide the necessaryform. There should be no cost to you.The sheriff will send an order summoning youropponent to return to court. You will have toappear too. At the appointed time, the judge willassist you in questioning the person to determinewhether a payment can be made immediatelyto you directly or through the court;whether an acceptable payment plan can beworked out; and/or to discover where the personbanks or works so that garnishment canproceed.This procedure can be used as often as necessary.GARNISHMENTIn a garnishment procedure, the court gets themoney owed you directly from your opponent.ssource of income or bank account. You will have tofind out where the person works or banks and fillout a garnishment request form with the courtclerk. Then the court will contact the business andarrange the garnishment at no cost to you. If youcan.t find out whether the person has income,employment, or money, you can ask the court toassist you through an .Aid in Execution. (seeabove).The law permits garnishment from each paycheck,though a certain minimum amount must be left ineach check. Welfare checks cannot be garnished.Limited action garnishments continue until youstop them. You must keep careful track of theamount you receive and file a form to stop thegarnishment as soon as the judgment has beenpaid.A checking or savings account can be garnished inone lump sum. When filing for this type of garnishment,you must enter 1-1/2 times the amountdue on the form. Give the court a week or so toissue the garnishment. Once a business has receivedgarnishment papers, it should be holdingyour 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 .orderto pay in and disburse.. Then the court will collectthe money from the business and send it to you.WHAT IF IT TURNS OUT THAT THESCOPE OF THE CLAIM IS BEYONDTHAT OF SMALL CLAIMS COURT?You may decide that your claim is too complicatedfor Small Claims Court or a judge may decide that.You then have three options.l) You can drop the claim. Your filing fee will notbe returned.2) You can reduce your claim to fit the limits ofSmall Claims Court, thereby waiving the right topursue what you left out.3) You can go to the next higher court level.There you will probably need an attorney and thefee will be higher if your claim is over $500.A claim cannot be split into two suits.CAN SMALL CLAIMS COURTDECISIONS BE APPEALED?A judgment made in Small Claims Court may beappealed to the next higher level of the DistrictCourt within ten days. This will give you a trial.de novo. (completely new) on your originalclaim. You will have to pay court fees again.Hiring an attorney is advisable because of thecomplexity of the forms and the legal arguments.

If you lose a second time, the judge issupposed to order you to pay your opponent.sattorney.s fees.References: Kansas Small Claims Procedure Act, K.S.A. 60-511, K.S.A. 60-512, K.S.A. 60-513;K.S.A. 61-2701 through 61-2713; Aid in Execution, K.S.A. 61-2204; Garnishment and Attachments,K.S.A. 61-2001 through 61-2012.58Notwithstanding the nervousness you mayhave in your heart of hearts when you discoverthat your tenants are considering formingan organization, tenant organizations canbe a good thing. If you are approached aboutwhether you are willing to work with them,say yes. (It should be noted that tenantsrarely organize in Kansas except in large complexes.)Landlords have various amounts of personalinterest in working with people or organizationsand also various amounts of time thatthey can commit. You need to look at yourown situation and figure out what would becomfortable to you and let the tenants know.Most organizations develop because sometenants have an issue or a problem aboutwhich they wish to negotiate with the landlord.The future of the organization will depend onwho those tenants are, how their organizingefforts go, and what the overall compositionof the tenants in your complex or among yourproperties is. The organization could diequickly. It could develop into a fighting forcethat you contend with every day. Or, it coulddevelop into what is largely a social or neighborhood-type organization. Be prepared forany of these, but know that how you respondwill in large part determine how comfortable itis for you.ISSUE ORGANIZATIONSHopefully, you have made your managementdecisions in an organized fashion handlingnotices properly and administering fairly to alltenants concerned. If so, generally tenants willbe satisfied with your reasons and methodsand that will be the end of the issue(s). If not,you should be willing to re-assess and perhapsmake some changes..Rabble rousers. or .trouble makers. whowant to pursue an issue that has been handledlegally and fairly may be able to get somepeople out to a meeting or two and perhapsorganize a confrontation, but are not likely toget long-term support from other tenants. Forone thing, someone usually insists on checkingout the tenants. legal rights and recourse. Ifthere isn.t anything there, it generally setsthem back a bit. So, if you take the positionthat you would be glad to talk with the organizationbut you think that you.ve worked outyour issue in a fair and equitable manner, youare likely to be successful and to come off withthe general respect of the other tenants.Keep good faith even in your negotiations forhow you.re going to negotiate.The way many negotiations go is that a smallcommittee meets with the landlord (or a smallgroup representing management) and discussesthe details of the situation at hand.Either at that meeting or subsequent meetings,this group works out a proposed solution.Then, if appropriate, the representatives goback to their separate groups to establishwhether or not the settlement is acceptable.Ultimately, there is at least one large meetingwhere the landlord or management team ispresent with the tenant organization general

membership to announce a decision and thereasons for it.Some of the tenants on either the negotiatingteam or in the membership as a wholemay try to bully or threaten you and/or maynot be good tenants. Therefore, they maynot seem worthy of respect. However, if thepoints they are raising are valid, it is probablyworth ignoring their behavior for themoment. If these people are so disruptive itis impossible to conduct business, it willlikely be worth it to respectfully appeal tothe other tenants and ask to have thedisruptors removed; the other tenants willconsider them a problem too. RememberTENANT ORGANIZATIONSBuilding #3GarageSale!Bar-B-Que5:30 pmSaturday!RentRentRentRentRentMeetingTonight!59that most of the tenants are good peoplethat you do want to deal with.In the area of questions about your costsor your profits, you might want to considersharing some of that paperwork or at leastsome sort of summary. Many landlords havefound that if they can show what maintenancecosts used to be a year ago and whatthey are today, or security costs, or whatevertheir basis for a rent raise, for instance,most tenants will understand and accept thatkind of information. Generally (you can probablyrelate to this in terms of when you havebeen a consumer or wanted some information),if someone refuses to divulge certaininformation, people assume that there.ssome reason to hide it. On the contrary,when people are willing to disclose wellfoundeddetails behind a certain managementor other decision, people can accept thedecision even if they don.t agree with all aspectsof it.SOCIAL ORGANIZATIONSPerhaps your tenants are organizing strictlyfor security or social reasons. Why not?Studies in the area of security have shownthat one of the most effective ways to improvesecurity in any neighborhood is to havethe neighbors know one another and look outfor one another. So, supporting social activitiesand interaction among your tenants cannot only make for happier tenants but a muchmore secure complex and therefore a betterbusiness arrangement for you. Realize thateven if tenants are attempting to organize forissue-type reasons, this benefit of increasedsecurity and tenant interaction is likely to result.Perhaps your tenants are interested in organizingsomething like a children.s Easter egg huntor summer barbeque. You may want to checkyour insurance and advise your tenants ofwhat limits there are or aren.t on your liability ifsome accident should happen but, in general,why not? The tenants may ask you to contributemoney or materials to the event and youmay or may not want to offer, this reallydoesn.t matter. If the tenants will be using acomplex facility or a certain part of the

grounds, you may want to have a short writtenagreement with an individual of the organizationabout the tenants. responsibilities to set upand clean up the area. Sometimes landlordseven have a rental fee or a refundable depositfor use of a building, this will depend on you.So, as long as you work with a tenant organizationwhen necessary or appropriate, you willnot be the reason that it lives or dies. Thatshould be a relief! Experience shows that mosttenant organizations are not very long-livedanyway. Simply look at them from a businesspoint of view and go on.References: KSA 58-2572.60Whether or not there are any tenant organizationsin your area, a landlord association ororganization may be a good idea for you andyour fellow landlords.To be honest, many people will want to gettogether in a landlord organization just totrade stories or socialize. Fine! That could be agood way to get people into your organization.Nonetheless, there are also a lot of otherproductive things a landlord association cando.INFORM membership and/or the publicabout educational and legislative issues.LOBBY local, state, or federal government forthings that you want changed.EXCHANGE information on reliable contractors.Good help is hard to get. You can dolistings, possibly noting references from yourmembership, etc.NEGOTIATE discounts for members withlocal suppliers (building materials, paint, pestcontrol services, etc.).JOINTLY retain legal, accounting, bad check,or screening services.MAINTAIN listing services for vacancies and/or cooperate with local social services in helpingto place local families in need of housing.MEETINGSStructured meetings that are relatively shortwith speakers and agendas publicized in advancewill help you get and keep satisfiedmembers. Leave time at the end of or aftereach meeting for story swapping. You maywant to periodically have a pot-luck orLANDLORDORGANIZATIONSbarbeque or some other strictly social event.Almost everybody needs the socializing. Somepeople will come only for that and that activitywill help unite the organization for times whenyou need power in numbers.PRECAUTIONSAvoid letting people who are dishonest orotherwise have bad reputations becomepowerful in or spokespersons for your organization.This could be devastating to yourattempts to attract reputable members and toyour organization.s image in the community.Along the same lines, do your best to haveyour members and leaders look fairly at boththe tenant.s and the landlord.s point of view onissues. This will help you come up with better,more defendable, and successful positions onissues and will enhance your level of respect inthe community. Avoid the .all tenants are bad.and the .we put out and put out and nevermake any money. line. Everyone knows thatfor the most part, neither of these statementsare true. Citing specific problems supported by

facts and suggested solutions will make youlook much better.A FEW TIPS ON BUILDINGINFLUENCE IN YOUR COMMUNITYAlways have your spokespeople be ARTICULATEand understanding of various points ofview that people have or issues.Become familiar with both the public and notso-public PLANNING and decision-makingprocesses of the governmental units that youdesire to influence. Get to know legislatorsand their staffs and become useful as a resourceto them. THEY will begin to call YOUfor advice or to sit in on their meetings.LANDLORD.SMEETINGTONIGHT!DON.TMISS IT!61Get your members appointed to BOARDSand task forces that relate to issues aboutwhich you are concerned, for instance civilrights, energy costs, housing code enforcementand the like. The members shouldexpect to put in some time and do a fairamount of work but the alliances this willcreate for you can be invaluable.Do your HOMEWORK. Collect specific informationfrom your members (statistics, casestories) and resources such as your localplanning commission or the research divisionof the unit of government you are trying toinfluence.Be prepared to turn out a large CROWD ofyour membership and your allies when appropriate.Make sure that those involved can berelied on to behave in a respectable manner.Plan your speakers and what they will say inadvance so that everyone knows who is tospeak, roughly in what order things are expectedto happen, and whether they will personallybe called on to do anything. If you askyour entire membership and allies to come, atsome point in your presentation, you shouldask those people to stand up, raise theirhands, or otherwise identify the fact that theyare there in support of your position. (Thisimpresses your audience and unites yourmembers.)ANALYZE your opposition. Acknowledge theirstrong points and try to use them to your bestadvantage.Using ROLEPLAYING to do this can not onlybe instructive, but can be a lot of fun.Sometimes individuals and organizations youmight at first think would be your enemiesmay turn out, at least on a particular issue, tobe good ALLIES. Assuming that what youwant is something that is fair, think about yourissue from that individual.s, agency.s, ororganization.s point of view and think of goodreasons why they would want to support ittoo. Then, solicit that support. If you aresuccessful, not only will you have an ally,something that is always useful, but you havealso eliminated someone from your list ofpotential opposition.62GOVERNMENT HOUSING ASSISTANCEOver 30,000 rental units in Kansas are subsidized (the government pays part of the rent) through federalDepartment of Housing and Urban Development (HUD) and Rural Development (RD) programs. .PublicHousing,. .Housing Authority,. .Section 8,. .Rental Assistance. and .Low Rent. all are names you may hearor recognize. Formulas for calculating the tenant.s share of the rent are similar in all programs. They are

based on a government-adopted preference that Americans should not spend more than 30% of availableincome for housing (including housing payment and utilities). Particularly common programs are:Public Housing Low rent housing built all or in part with government funds. With few exceptions, publichousing is owned by a local .housing authority,. governed by a local board of directors, and managed bytheir staff or on contract.Project Based Section 8 Privately owned complexes where HUD Section 8 tenant rent subsidies areavailable for some or all tenants via a master contact between the complex owners and the government.Prospective tenants apply directly to the owner or manager for housing.Special Section 8 Programs There are periodically special Section 8 programs targetted at improvingcertain types of properties or targetted at certain groups of people (i.e., homeless, mentally ill). Theseprograms may have special names such as Shelter Plus Care and are generally operated like the Section 8Voucher Program (below).Section 8 Voucher Program A program which allows tenants to live in privately owned housing and havegovernment subsidy on rent. The program allows tenants to take vouchers anywhere in a certain geographicarea as long as, following an inspection and approval by the managing agency, the property meetscertain size and condition standards. There is no limit on how much the rent can be, only how much subsidyis available. The Government provides subsidies through managing agencies who then contract withthe tenant and 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.There are special rules that the federal government sets up for Section 8 programs, but the laws of thestate of Kansas also apply.If you are interested in participating in the Section 8 Voucher program, information may be obtained bycontacting the following:. Arkansas CitySouth Central KS Area Agency on Aging(620) 442-6063Serves 10 counties in South Central KS. AtchisonAtchison Housing Authority(913) 367-3323. Bonner SpringsBonner Springs Housing Authority(913) 441-3816. ChanuteChanute Housing Authority(620) 431-7320. Dodge CityFord County Housing Authority(620) 225-8230Serves 28 counties in Southwest KS. Dodge CityDodge City Housing Authority(620) 225-196563. GirardSEK-CAP, Inc.(620) 724-8204Serves 10 counties in Southeast KS. Great BendGreat Bend Housing Authority(620) 793-7761. HaysEllis County Housing Authority(785) 625-5678Serves 18 counties in Northwest KS. HaysHays Housing Authority(785) 625-1188. HiawathaNEKCAP(785) 742-2222 x 156Serves 7 counties in Northeast KS. HutchinsonHutchinson Housing Authority(620) 663-8415. Junction CityJunction City Housing Authority(785) 238-5882. Kansas CityKansas City Housing Authority(913) 281-3300. LawrenceLawrence/Douglas Co. Housing Authority(785) 842-8110

. LeavenworthLeavenworth Housing Authority(913) 682-9201. ManhattanManhattan Housing Authority(785) 776-8588If you cannot find a contact number in your area, you can call the Public Housing Divisionof HUD at (913) 551-6916 and inquire about program availability.. ManhattanNorth Central Flint Hills Area Agency on Aging(785) 776-3903Serves 18 counties in North Central KS. MerriamJohnson County Housing Authority(913) 432-2174 x 3321. NewtonNewton Housing Authority(316) 283-8500. OlatheOlathe Housing Authority(913) 971-6260. OttawaECKAN(785) 242-7450Serves 6 counties in East Central KS. PittsburgPittsburg Housing Authority(620) 232-1210. SalinaSalina Housing Authority(785) 827-0441. TopekaTopeka Housing Authority(785) 357-8842. WichitaSedgwick County Housing Authority(316) 383-7433Serves Butler, Harvey and Sedgwick counties. WichitaWichita Housing Authority(316) 238-468864Abandonment 31, 43, 52Advertising 5, 6Aid In Execution 56-57Application Deposits and Fees 11-12Applications 5-12Behavior of Tenants 33, 46, 48Civil Rights (see Discrimination)Cleaning Deposits 18Codes 34, 38Collection 30, 31, 48, 56-57Collection Agencies 11, 56Constructive Evictions 48Convictions 9, 11Court Cases 3Court Procedures 49-52, 54-57Credit Bureaus 11Death of Tenant 42Definitions 4Delivering Notices 49, 54-55Depreciation 20Disability and Families with Children 13Disclosure 11Discrimination 5-6, 13-16, 26Disposal of Leftover Possessions 31, 43, 52Distraint for Rent 31Employment-Related Tenants 4, 47Entry (see Landlord Entry)Escrow of Rent 30Eviction 18, 30, 32, 34, 44, 45-53Fair Credit Reporting 11Fair Housing 5, 6, 8Fire Code 36

Fire or Casualty 31, 41-425-Day Notice 35, 42Forcible Detainer Action 51-5214/30 Day Notices 30, 32, 33, 42, 46, 47Fraudulent Action 53Garnishment 56, 57Government Housing Assistance 61-63Grace Period 45Guests 48, 49Holdover Possession 43, 47, 50-51Housing Code 6, 33, 34, 35, 36-37Illegal Activity/Party Shacks 32Improvements, Landlord 38Improvements, Tenant 24, 33-34Insurance 29, 33, 36, 42, 59Interest 19, 29, 30Itemized Deductions 19-21KSA 3Landlord Entry 20, 39-40, 43Landlord Organizations 60-61Late Charges 30Lead-Based Paint 53INDEXLeases 22-25, 26, 28, 29, 39, 41, 45Liens 32, 51-52Lock-Outs 48Maintenance, Landlord 28, 29, 35, 36, 38, 39, 58Maintenance, Tenant 33-34, 46-47Military 17, 41Mobile Homes 4, 17Month-to-Month Agreements 22-25, 26, 29-30,41, 45, 48Move-in Inspections 22, 27-28Move-out Inspections 27, 28Normal Wear and Tear 19-20Notice to Terminate from Tenant, Improper 20, 42Notice to Terminate from Tenant, Proper 41-43Nuisances 32, 36Occupancy Limits 7Occupancy Policies/Standards 5, 6-7Party Shacks 32Pet Deposits 18Pet Policies 5, 9, 18, 23-24, 46Policies 5, 26Possession 21, (see also Holdover Possession)References 9, 10-11Rent Date 22Rent Receipt 22, 30, 46Rental Agreement, Written & Verbal 22-25, 26, 28,30, 34, 36 41Rental Reference Services 8Rent Payment 22, 23, 30, 41, 42, 45, 46Rent Raises 29, 59Rent Reduction 31Rent Withholding 30Rents 29, 42Repair and Deduct 30Retaliation 29, 45, 47Rules and Regulations 5, 26Screening 5-12Security Deposits 7, 8, 11, 18-21, 27, 34, 41, 42,43, 47Service of Notices (see Delivering Notices)Shopping for an Attorney 44Small Claims Court 21, 27, 31, 34, 42, 50, 54-57Smoke Alarms 36Special Agreements 5, 24, 34Squatters 48Taxes 20, 29Tenant Organizations 58-5930-Day Notice from Landlord (see Evictions)30-Day Notice from Tenant (see Notice toTerminate from Tenant, Proper)3-Day Notice (see Evictions)

Utilities 5, 23, 29, 35, 37-38Warranty of Habitability 30, 35Weatherization 38Week-to-Week Agreements 22, 29, 41, 4565Tenant-Landlord ¿ Homebuyer ¿ Consumer CreditTenant-Landlord Publications Available:Kansas Tenants HandbookKansas Landlords HandbookModel Lease and Move-In InventoryForm Notices For LandlordsForm Notices For TenantsKansas Residential Landlord and Tenant ActRelevant Court Cases and Local OrdinancesMobile Home Parks Residential Landlord and Tenant ActOrder From:HOUSING AND CREDIT COUNSELING, INC.1195 SW Buchanan, Suite 101Topeka, Kansas 66604(785) 234-0217Email: hcci@hcci-ks.orgWebsite: hcci-ks.org