58-25,108. Security deposits. - Kansas Statutes

58-25,108

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

      58-25,108.   Security deposits.(a) A landlord shall not demand or receive as a security deposit an amount orvalue in excess of two months' rent.

      (b)   All security deposits shall be held by the landlord for the tenant,who is a party to the agreement, in a bank, credit union or savings andloan association which is insured by an agency of the federal government.Security deposits shall not be commingled with the personal funds of thelandlord. All security deposits may be held in a trust account, which may bea common trust account and which may be an interest bearing account. Anyinterest earned on a security deposit shall be the property of the landlord.

      (c)   Upon termination of the tenancy, any security deposit held by thelandlord may be applied to the payment of accrued rent and the amount ofdamages which the landlord has suffered by reason of the tenant's noncompliancewith K.S.A. 58-25,113 and the rental agreement, all as itemized bythe landlord in a written notice delivered to the tenant. If the landlordproposes to retain any portion of the security deposit for expenses, damages orother legally allowable charges under the provisions of the rental agreement,other than rent, the landlord shall return the balance of the security depositto the tenant within 14 days after the determination of the amount of suchexpenses, damages or other charges, but in no event to exceed 30 days aftertermination of the tenancy, delivery of possession and demand by the tenant. Ifthe tenant does not make such demand within 30 days after termination of thetenancy, the landlord shall mail that portion of the security deposit due thetenant to the tenant's last-known address.

      (d)   If the landlord fails to comply with subsection (c) of this section, thetenant may recover that portion of the security deposit due together withdamages in an amount equal to 1 1/2 the amount wrongfully withheld.

      (e)   Except as otherwise provided by the rental agreement, a tenant shall notapply or deduct any portion of the security deposit from the last month's rentor use or apply such tenant's security deposit at any time in lieu of paymentof rent. If a tenant fails to comply with this subsection, the security depositshall be forfeited and the landlord may recover the rent due as if the deposithad not been applied or deducted from the rent due.

      (f)   Nothing in this section shall preclude the landlord or tenant fromrecovering other damages to which such landlord or tenant may be entitled underthis act.

      (g)   Upon termination of a landlord's interest in the mobile home park, thelandlord or the landlord's agent, within a reasonable time, shall transfer thesecurity deposit, or any remainder after any lawful deductions to thelandlord's successor in interest and notify the tenant of the transfer and ofthe transferee's name and address or return the deposit, or any remainder afterany lawful deductions to the tenant.

      Upon termination of the landlord's interest in the mobile home park andcompliance with the provisions of this subsection, the landlord shall berelieved of any further liability with respect to the security deposit.

      (h)   Upon termination of the landlord's interest in the mobile home park,the landlord's successor in interest shall have all the rights andobligations of the landlord with respect to the security deposits, exceptthat if the tenant does not object to the stated amount within 20 daysafter written notice to the tenant of the amount of security deposit beingtransferred or assumed, the obligations of the landlord's successor toreturn the deposit shall be limited to the amount contained in the notice.The notice shall contain a stamped envelope addressed to the landlord'ssuccessor and may be given by mail or by personal service.

      History:   L. 1992, ch. 306, § 10; July 1.