Kansas Statewide Rule
Kansas Habitability Standards
Key Facts
- Landlord duties
- Codes, water, heat, safe systems
- Tenant cure-notice
- 30-day termination
- Landlord cure window
- 14 days good-faith effort
- Statutes
- K.S.A. 58-2553; 58-2559
Summary
K.S.A. 58-2553 requires Kansas landlords to meet building and housing codes, maintain common areas and major systems in safe working order, supply running and hot water and reasonable heat, and provide waste receptacles. Tenant remedies for breach are set in K.S.A. 58-2559.
(a) Except when prevented by an act of God, the failure of public utility services or other conditions beyond the landlord's control, the landlord shall: (1) Comply with the requirements of applicable building and housing codes materially affecting health and safety. If the duty imposed by this paragraph is greater than any duty imposed by any other paragraph of this subsection, the landlord's duty shall be determined in accordance with the provisions of this paragraph; (2) exercise reasonable care in the maintenance of the common areas; (3) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating and air-conditioning appliances including elevators, supplied or required to be supplied by such landlord; (4) except where provided by a governmental entity, provide and maintain on the grounds, for the common use by all tenants, appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal; and
Full Breakdown
Under K.S.A. 58-2553(a), a landlord must "comply with the requirements of applicable building and housing codes materially affecting health and safety," maintain common areas, keep electrical, plumbing, sanitary, heating, ventilating and air-conditioning facilities "in good and safe working order," provide waste receptacles, and "supply running water and reasonable amounts of hot water at all times and reasonable heat." Duties are excused for acts of God or causes beyond the landlord's control. If the landlord breaches, K.S.A. 58-2559 lets the tenant give written notice; the agreement terminates not less than 30 days after the notice unless the landlord begins a good-faith remedy within 14 days. Tenants may also recover damages and obtain injunctive relief.
Violations & Penalties
No specific statutory penalty. The tenant may terminate the lease (30-day notice, subject to a 14-day landlord cure), recover damages, obtain injunctive relief, and reclaim the recoverable security deposit under K.S.A. 58-2559.
Frequently Asked Questions
What must a Kansas landlord provide for habitability?
What can a Kansas tenant do if repairs are ignored?
Is there a rent-withholding or repair-and-deduct right?
Sources
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