58-2543. Definitions. - Kansas Statutes

58-2543

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 25.--LANDLORDS AND TENANTS

      58-2543.   Definitions.As used in this act: (a) "Action" includes recoupment, counterclaim,setoff, suit in equity and any other proceeding in which rights aredetermined, including an action for possession.

      (b)   "Building and housing codes" includes any law, ordinance orgovernmental regulation concerning fitness for habitation, or theconstruction, maintenance, operation, occupancy, use or appearance of anypremises or dwelling unit.

      (c)   "Dwelling unit" means a structure or the part of a structure that isused as a home, residence or sleeping place by one person who maintainsa household or by two or more persons who maintain a common household;but such term shall not include real property used to accommodate amanufactured home or mobilehome, unless such manufactured home or mobile home is rented or leasedby the landlord.

      (d)   "Good faith" means honesty in fact in the conduct of the transactionconcerned.

      (e)   "Landlord" means the owner, lessor or sublessor of the dwellingunit, or the building of which it is a part, and it also means a manager ofthe premises who fails to disclose as required by K.S.A. 58-2551 andamendments thereto.

      (f)   "Organization" includes a corporation, government, governmentalsubdivision or agency, business trust, estate, trust, partnership orassociation, two or more persons having a joint or common interest, andany other legal or commercial entity.

      (g)   "Owner" means one or more persons, jointly or severally, in whomis vested: (1) All or part of the legal title to property; or (2) all orpart of the beneficial ownership and a right to prevent use and enjoymentof the premises; and such term includes a mortgagee in possession.

      (h)   "Person" includes an individual or organization.

      (i)   "Premises" means a dwelling unit and the structure of which it is apart and facilities and appurtenances therein and grounds, areas andfacilities held out for the use of tenants generally or the use of which ispromised to the tenant.

      (j)   "Rent" means all payments to be made to the landlord under therental agreement, other than the security deposit.

      (k)   "Rental agreement" means all agreements, written or oral, and validrules and regulations adopted under K.S.A. 58-2556 and amendments thereto, embodyingthe terms and conditions concerning the use and occupancy of a dwellingunit and premise.

      (l)   "Roomer" means a person occupying a dwelling unit that lacks a majorbathroom and kitchen facility, in a structure where one or more majorfacilities are used in common by occupants of the dwelling unit and otherdwelling units. As used herein, a major bathroom facility means a toilet,and either a bath or shower, and a major kitchen facility means arefrigerator, stove and sink.

      (m)   "Security deposit" means any sum of money specified in a rentalagreement, however denominated, to be deposited with a landlord by a tenantas a condition precedent to the occupancy of a dwelling unit, which sum ofmoney, or any part thereof, may be forfeited by the tenant under the termsof the rental agreement upon the occurrence or breach of conditionsspecified therein.

      (n)   "Single family residence" means a structure maintained and used as asingle dwelling unit. Notwithstanding that a dwelling unit shares oneor more walls with another dwelling unit, it is a single family residenceif it has direct access to a street or thoroughfare and shares neitherheating facilities, hot water equipment, nor any other essential facilityor service with any other dwelling unit.

      (o)   "Tenant" means a person entitled under a rental agreement to occupya dwelling unit to the exclusion of others.

      History:   L. 1975, ch. 290, § 4;L. 1991, ch. 33, § 33; July 1.