Kansas Statewide Rule
Kansas Caps Security Deposits and Sets a 30-Day Return Deadline
Key Facts
- Deposit cap
- 1 month's rent (unfurnished); 1.5 months (furnished); +0.5 month pet deposit
- Return deadline
- 14 days after determining deductions, max 30 days after tenancy ends
- Itemized statement
- Required: written notice of deductions delivered to tenant
- Statute
- K.S.A. 58-2550
- Penalty
- 1.5x the amount wrongfully withheld
Summary
Kansas law (K.S.A. 58-2550) caps a residential security deposit at one month's rent for an unfurnished unit and 1.5 months' rent if furnished, plus up to half a month's rent as a pet deposit. After move-out the landlord must return the balance, with any deductions itemized in writing, within 14 days of determining charges and no later than 30 days.
Security deposits; amounts; retention; return; damages for noncompliance. (a) A landlord may not demand or receive a security deposit for an unfurnished dwelling unit in an amount or value in excess of one month's periodic rent. If the rental agreement provides for the tenant to use furniture owned by the landlord, the landlord may demand and receive a security deposit not to exceed 1½ months' rent, and if the rental agreement permits the tenant to keep or maintain pets in the dwelling unit, the landlord may demand and receive an additional security deposit not to exceed ½ of one month's rent. A municipal housing authority created under the provisions of K.S.A. 17-2337 et seq., and amendments thereto, which is wholly or partially subsidized by aid from the federal government, pursuant to a rental agreement in which rent is determined solely by the personal income of the tenant, may demand and receive a security deposit in accordance with a schedule established by the housing authority, which is based on the bedroom unit size of the dwelling unit. Any such municipal housing authority which establishes such a schedule shall provide a deferred payment plan whereby the tenant may pay the deposit in reasonable increments over a period of time. (b) Upon termination of the tenancy, any security deposit held by the landlord may be applied to the payment of accrued rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with K.S.A.
Full Breakdown
Under K.S.A. 58-2550, a landlord may not demand a security deposit greater than one month's periodic rent for an unfurnished dwelling, or "1½ months' rent" where landlord-owned furniture is provided, and may add a pet deposit "not to exceed ½ of one month's rent." When the landlord keeps any portion for damages or other allowable charges, the balance must be returned "within 14 days after the determination of the amount of such expenses, damages or other charges, but in no event to exceed 30 days after termination of the tenancy." Deductions must be itemized in a written notice delivered to the tenant. The statute applies to residential rental agreements covered by the Kansas Residential Landlord and Tenant Act.
Violations & Penalties
If the landlord wrongfully retains a deposit or fails to itemize and return it on time, the tenant may recover the amount due plus damages equal to 1.5 times the amount wrongfully withheld under K.S.A. 58-2550(c).
Frequently Asked Questions
How much can a landlord charge for a security deposit in Kansas?
How long does a landlord have to return a security deposit in Kansas?
What can a landlord deduct from a security deposit in Kansas?
Sources
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