STATE STATUTES & CODES
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KANSAS STATUTES AND CODES
58-25,117. Material noncompliance by landlord; notice; termination of rental agreement; limitations; remedies; security deposit.
58-25,117
58-25,117. Material noncompliance by landlord; notice; termination ofrental agreement; limitations; remedies; security deposit.(a) Except as provided in this act, if there is a material noncompliance by thelandlord with the rental agreement or a noncompliance with K.S.A.58-25,111 materially affecting health and safety, the tenant may deliver awritten notice to the landlord specifying the acts and omissions constitutingthe breach and that the rental agreement will terminate upon a date not lessthan 30 days after receipt of the notice. The rental agreement shall terminateand the mobile home space shall be vacated as provided in the notice, subjectto the following:
(1) If the breach is remediable by repairs or the payment of damages orotherwise and the landlord initiates a good faith effort to remedy the breachwithin 14 days after receipt of the notice, the rental agreement shall notterminate. However, in the event that the same or a similar breach occurs afterthe fourteen-day period provided herein, the tenant may deliver a writtennotice to the landlord specifically describing the breach and stating that therental agreement shall terminate upon a date not less than 30 days after thereceipt of such notice by the landlord. The rental agreement then shallterminate as provided in such notice.
(2) The tenant may not terminate for a condition caused by the deliberate ornegligent act or omission of the tenant, a member of the tenant's family orother person in the mobile home park with the tenant's consent.
(b) Except as provided in this act, the tenant may recover damages, andobtain injunctive relief for any noncompliance by the landlord with the rentalagreement or with K.S.A. 58-25,111.
(c) The remedy provided in subsection (b) is in addition to any right ofthe tenant arising under subsection (a).
(d) If the rental agreement is terminated, the landlord shall return thatportion of the security deposit recoverable by the tenant under K.S.A.58-25,108.
History: L. 1992, ch. 306, § 19; July 1.