58-2561. Action for possession for nonpayment of rent; counterclaim, waiver; accrued rent, payment into court; disposition; when judgment for tenant. - Kansas Statutes

58-2561

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

      58-2561.   Action for possession for nonpayment of rent; counterclaim,waiver; accrued rent, payment into court; disposition; when judgment fortenant.(a) In an action for possession based upon nonpayment of the rent, or inan action for rent where the tenant is in possession, the tenant shallcounterclaim for any amount which such tenant may recover under the rentalagreement or this act or such counterclaim shall be deemed to have beenwaived. In that event, the court from time to time may order the tenant topay into court all or part of the rent accrued and thereafter accruing, andshall determine the amount due to each party. The party to whom a netamount is owed shall be paid first from the money paid into court, and thebalance shall be paid by the other party. If no rent remains due afterapplication of this section, judgment may be entered for the tenant in theaction for possession.

      (b)   In an action for rent where the tenant is not in possession, thetenant may counterclaim as provided in subsection (a), but the tenant shallnot be required to pay any rent into court.

      History:   L. 1975, ch. 290, § 22; July 1.