58-2564. Material noncompliance by tenant; notice; termination of rentalagreement; limitations; nonpayment of rent; remedies.(a) Except as otherwise provided in the residential landlord and tenant act, ifthere is a material noncompliance by the tenant with the rental agreement or anoncompliance with K.S.A. 58-2555 and amendments thereto materially affectinghealth and safety, the landlord may deliver a written notice to the tenantspecifying the acts and omissions constituting the breach and that the rentalagreement will terminate upon a date not less than 30 days after receipt of thenotice, if the breach is not remedied in 14 days. The rental agreement shallterminate as provided in the notice regardless of the periodic rent-payingdate, except that if the breach is remediable by repairs or the payment ofdamages or otherwise, and the tenant adequately initiates a good faith effortto remedy the breach prior to the date specified in the notice, the rentalagreement will not terminate. However, in the event that such breach or asimilar breach occurs after the 14-day period provided in this subsection, thelandlord may deliver a written notice to the tenant that the rental agreementwill terminate upon a date not less than 30 days after receipt of the noticewithout providing the opportunity to remedy the breach. The rental agreementthen shall terminate as provided in such notice regardless of the periodicrent-paying date.
(b) The landlord may terminate the rental agreement if rent is unpaid whendue and the tenant fails to pay rent within three days, after written notice bythe landlord of nonpayment and such landlord's intention to terminate therental agreement if the rent is not paid within such three-day period. Thethree-day notice period provided for in this subsection shall be computed asthree consecutive 24-hour periods. When such notice is served on the tenant orto some person over 12 years of age residing on the premises, or by posting acopy of the notice in a conspicuous place thereon, the three-day period shallcommence at the time of delivery or posting. When such notice is delivered bymailing, an additional two days from the date of mailing should be allowed forthe tenant to pay such tenant's rent and thereby avoid having the rentalagreement terminated.
(c) Except as otherwise provided in the residential landlord and tenant act,the landlord may recover damages and obtain injunctive relief for anynoncompliance by the tenant with the rental agreement or K.S.A. 58-2555 andamendments thereto.
(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, § 25; L. 1978, ch. 218, § 1; L. 1978,ch. 217, § 1; L. 1992, ch. 306, § 1; July 1.