KANSAS STATUTES AND CODES

58-2562. Damage or destruction by fire or casualty; termination of rental agreement; notice; vacation of part of dwelling; reduction of rent; security deposit.

58-2562

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

58-2562. Damage or destruction by fire or casualty; termination ofrental agreement; notice; vacation of part of dwelling; reduction of rent;security deposit.(a) If the dwelling unit or premises are damaged or destroyed by fire orcasualty to an extent that the use and habitability of the dwelling unit issubstantially impaired, the tenant:

(1) May vacate the premises immediately and shall notify the landlord inwriting within five (5) days thereafter of such tenant's intention toterminate the rental agreement, in which case the rental agreementterminates as of the date of vacating; or

(2) if continued occupancy is lawful, may vacate any part of thedwelling unit rendered unusable by the fire or casualty, in which case thetenant's liability for rent is reduced in proportion to the diminution inthe fair rental value of the dwelling unit.

(b) If the rental agreement is terminated pursuant to this section, thelandlord shall return that portion of the security deposit recoverable bythe tenant under K.S.A. 58-2550, and accounting for rent in theevent of either termination of the rental agreement or apportionment ofrent shall occur as of the date of vacating.

History: L. 1975, ch. 290, § 23; July 1.