KANSAS STATUTES AND CODES

58-2570. Termination of tenancy; notice; holdover by tenant; remedies; notice obligating tenant beyond terms of lease agreement, form.

58-2570

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

58-2570. Termination of tenancy; notice; holdover bytenant; remedies; notice obligating tenant beyond terms of lease agreement,form.(a) The landlord or the tenant may terminate a week-to-week tenancy by awritten notice given to the other at least seven days prior to thetermination date specified in the notice.

(b) The landlord or the tenant may terminate a month-to-monthtenancy by a written notice given to the other party stating that the tenancyshall terminate upon a periodic rent-paying date not less than 30days after the receipt of the notice, except that not more than15 days' written notice by a tenant shallbe necessary to terminate any such tenancy where the tenant is in themilitary service of the United States and termination of the tenancy isnecessitated by military orders. Any rental agreement for a definiteterm of more than 30 days shall not be construed asamonth-to-month tenancy, even though the rent is reserved payable atintervals of 30 days.

(c) If the tenant remains in possession without the landlord'sconsent after expiration of the term of the rental agreement or itstermination, the landlord may bring an action for possession. Inaddition, if thetenant's holdover is willful and not in good faiththe landlord may recover an amount not more than 1 1/2months' periodic rent or not more than1 1/2 timesthe actual damages sustained by the landlord, whichever is greater. Ifthe landlord consents to the tenant's continued occupancy subsection (d)of K.S.A. 58-2545, and amendments thereto, shall govern.

(d) In any action for possession, the landlord may obtain an orderof the court granting immediate possession of the dwelling unit to thelandlord by filing a motion therefor in accordance with subsection (b)of K.S.A. 60-207, and amendments thereto, and service thereof on thetenant pursuant to K.S.A.60-205, and amendments thereto. After a hearing and presentation ofevidence on the motion, andif the judge is satisfied that granting immediate possession of thedwelling unit to the landlord is in the interest of justice and willproperly protect the interests of all the parties, the judge may enteror cause to be entered an order for the immediate restitution of thepremises to the landlord upon the landlord giving an undertaking to thetenant in an amount and with such surety as the court may require,conditioned for the payment of damages or otherwise if judgment beentered in favor of the tenant.

(e) If a landlord provides to a tenant a document which, if signed by thelandlord or tenant or both, would constitute the tenant's written notice to thelandlord that the tenant intends to vacate the premises, and if such documentcontains any additional terms that are not contained in the rental agreementbetween the landlord and tenant, then the document shall include the followingstatement in no less than ten-point boldface type: 'YOUR SIGNATURE ON THISDOCUMENT MAY BIND YOU TO ADDITIONAL TERMSNOT IN YOUR ORIGINAL LEASE AGREEMENT. IF YOUR LEASE REQUIRES YOU TO GIVEWRITTEN NOTICE OF YOUR INTENT TO VACATE, YOU HAVE THE RIGHT TO DECLINE TO SIGNTHIS DOCUMENT AND TO PROVIDE WRITTEN NOTICE IN ANOTHER FORM.' If such statementdoes notappear in such document, a tenant's signature on such document shall not bindthe tenant to any additional terms that are not contained in the rentalagreement.

History: L. 1975, ch. 290, § 31; L. 1978, ch. 218, § 3; L. 1978,ch. 217, § 3;L. 2003, ch. 103, § 1; July 1.