58-2559. Material noncompliance by landlord; notice; termination of rental agreement; limitations; remedies; security deposit. - Kansas Statutes

58-2559

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

      58-2559.   Material noncompliance by landlord; notice; termination ofrental agreement; limitations; remedies; security deposit.(a) Except as otherwise provided in this act, if there is a materialnoncompliance by the landlord with the rental agreement or anoncompliance with K.S.A. 58-2553 materially affecting health andsafety, the tenant may deliver a written notice to the landlordspecifying the acts and omissions constituting the breach and that therental agreement will terminate upon a periodic rent-paying date not less thanthirty (30) days after receipt of the notice. The rental agreementshall terminate as provided in the notice, subject to the following:

      (1)   If the breach is remediable by repairs or the payment of damagesor otherwise, and the landlord adequately initiates a good faith effortto remedy the breach within fourteen (14) days after receipt of the notice, therental agreement shall not terminate. However, in the event that the sameor a similar breach occurs after the fourteen-day period provided herein,the tenant may deliver a written notice to the landlord specifically describingthe breach and stating that the rental agreement shall terminate upon aperiodic rent-paying date not less than thirty (30) days after the receiptof such notice by the landlord. The rental agreement then shall terminateas provided in such notice.

      (2)   The tenant may not terminate for a condition caused by an act oromission of, or which is or can be properly attributable or applicableto, the tenant or any person or animal or pet on the premises at anytime with the tenant's express or implied permission or consent.

      (b)   Except as otherwise provided in this act, the tenant may recoverdamages and obtain injunctive relief for any noncompliance by thelandlord with the rental agreement or K.S.A. 58-2553. The remedyprovided in this subsection shall be in addition to any right of thetenant arising under subsection (a) of this section.

      (c)   If the rental agreement is terminated, the landlord shall returnthat portion of the security deposit recoverable by the tenant underK.S.A. 58-2550.

      (d)   The provisions of this section shall not limit a landlord's or tenant'sright to terminate the rental agreement pursuant to K.S.A. 58-2570, andamendments thereto.

      History:   L. 1975, ch. 290, § 20; L. 1978, ch. 218, § 2; L. 1978,ch. 217, § 2; July 1.