58-2553. Duties of landlord; agreement that tenant perform landlord's duties; limitations. - Kansas Statutes

58-2553

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

      58-2553.   Duties of landlord; agreement that tenantperform landlord's duties; limitations.(a) Except when prevented by an act of God, the failure of publicutility services or other conditions beyond the landlord's control, thelandlord shall:

      (1)   Comply with the requirements of applicable building and housingcodes materially affecting health and safety. If the duty imposed bythis paragraph is greater than any duty imposed by any other paragraph ofthis subsection, the landlord's duty shall be determined in accordance withthe 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 allelectrical, plumbing, sanitary, heating, ventilating and air-conditioningappliances including elevators, supplied or required to be supplied by suchlandlord;

      (4)   except where provided by a governmental entity, provide and maintainon the grounds, for the common use by all tenants, appropriate receptaclesand conveniences for the removal of ashes, garbage, rubbish and other wasteincidental to the occupancy of the dwelling unit and arrange for theirremoval; and

      (5)   supply running water and reasonable amounts of hot water at alltimes and reasonable heat, unless the building that includes thedwelling units is not required by law to be equipped for that purpose, orthe dwelling unit is so constructed that heat or hot water is generated byan installation within the exclusive control of the tenant and supplied bya direct public utility connection. Nothing in this section shall beconstrued as abrogating, limiting or otherwise affecting the obligation ofa tenant to pay for any utility service in accordance with the provisionsof the rental agreement. The landlord shall not interfere with or refuseto allow access or service to a tenant by a communication or cable televisionservice duly franchised by a municipality.

      (b)   The landlord and tenants of a dwelling unit or units which provide ahome, residence or sleeping place for not to exceed four households havingcommon areas may agree in writing that the tenant is to perform thelandlord's duties specified in paragraphs (4) and (5) of subsection (a) ofthis section and also specified repairs, maintenance tasks, alterations orremodeling, but only if the transaction is entered into in good faith andnot for the purpose of evading the obligations of the landlord.

      (c)   The landlord and tenant of any dwelling unit, other than a singlefamily residence, may agree that the tenant is to perform specifiedrepairs, maintenance tasks, alterations or remodeling only if:

      (1)   The agreement of the parties is entered into in good faith, and notto evade the obligations of the landlord, and is setforth in a separate written agreement signed by the parties and supported by adequateconsideration;

      (2)   the work is not necessary to cure noncompliance with subsection(a)(1) of this section; and

      (3)   the agreement does not diminish or affect the obligation of thelandlord to other tenants in the premises.

      (d)   The landlord may not treat performance of the separate agreementdescribed in subsection (c) of this section as a condition to anyobligation or the performance of any rental agreement.

      History:   L. 1975, ch. 290, § 14; L. 1982, ch. 230, § 2; July 1.