58-2550. Security deposits; amounts; retention; return; damages for noncompliance. - Kansas Statutes

58-2550

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

      58-2550.   Security deposits; amounts; retention; return; damages for noncompliance.(a) A landlord may not demand or receive a security deposit for anunfurnished dwelling unit in an amount or value in excess of one month'speriodic rent. If the rental agreement provides for the tenant to usefurniture owned by the landlord, the landlord may demand and receive asecurity deposit not to exceed 1 1/2months' rent,and if the rental agreement permits the tenant to keep or maintain petsin the dwelling unit, the landlord may demand and receive an additionalsecurity deposit not to exceed 1/2 of one month's rent. A municipalhousing authority created under the provisions of K.S.A. 17-2337 et seq., andamendments thereto,which is wholly or partially subsidized by aid from the federal government,pursuant to a rental agreement in which rent is determined solely bythe personal income of the tenant, may demand and receive a securitydepositin accordance with a schedule established by the housing authority, whichis based on the bedroom unit size of the dwelling unit. Any such municipalhousing authority which establishes such a schedule shall provide a deferredpayment plan whereby the tenant may pay the deposit in reasonable incrementsover a period of time.

      (b)   Upon termination of the tenancy, any security deposit held bythe landlord may be applied to the payment of accrued rent and theamount of damages which the landlord has suffered by reason of thetenant's noncompliance with K.S.A. 58-2555, and amendments thereto, and therental agreement, allas itemized by the landlord in a written notice delivered to the tenant.If the landlord proposes to retain any portion of the security depositfor expenses, damages or other legally allowable charges under theprovisions of the rental agreement, other than rent, the landlord shallreturn the balance of the security deposit to the tenant within 14 days afterthe determination of the amount of such expenses,damages or other charges, but in no event to exceed 30 daysafter termination of the tenancy, delivery of possession and demand bythe tenant. If the tenant does not make such demand within30days after termination of the tenancy, the landlord shall mail thatportion of the security deposit due the tenant to the tenant's lastknown address.

      (c)   If the landlord fails to comply with subsection (b) of thissection, the tenant may recover that portion of the security deposit duetogether with damages in an amount equal to1 1/2the amount wrongfully withheld.

      (d)   Except as otherwise provided by the rental agreement, a tenantshall not apply or deduct any portion of the security deposit from thelast month's rent or use or apply such tenant's security deposit at anytime in lieu of payment of rent. If a tenant fails to comply with thissubsection, the security deposit shall be forfeited and the landlord mayrecover the rent due as if the deposit had not been applied or deductedfrom the rent due.

      (e)   Nothing in this section shall preclude the landlord or tenantfrom recovering other damages to which such landlord or tenant may beentitled under this act.

      (f)   The holder of the landlord's interest in the premises at thetime of the termination of the tenancy shall be bound by this section.

      History:   L. 1975, ch. 290, § 11; L. 1978, ch. 216, § 1;L. 1997, ch. 68, § 1; July 1.