58-2550. Security deposits; amounts; retention; return; damages for noncompliance. (a) A landlord may not demand or receive a security deposit for an unfurnished dwelling unit in an amount or value in excess of one month's periodic rent. If the rental agreement provides for the tenant to use furniture owned by the landlord, the landlord may demand and receive a security deposit not to exceed 1 1/2 months' rent, and if the rental agreement permits the tenant to keep or maintain pets in the dwelling unit, the landlord may demand and receive an additional security deposit not to exceed 1/2 of one month's rent. A municipal housing authority created under the provisions of K.S.A. 17-2337 et seq., and amendments thereto, which is wholly or partially subsidized by aid from the federal government, pursuant to a rental agreement in which rent is determined solely by the personal income of the tenant, may demand and receive a security deposit in accordance with a schedule established by the housing authority, which is based on the bedroom unit size of the dwelling unit. Any such municipal housing authority which establishes such a schedule shall provide a deferred payment plan whereby the tenant may pay the deposit in reasonable increments over a period of time.
(b) Upon termination of the tenancy, any security deposit held by the landlord may be applied to the payment of accrued rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with K.S.A. 58-2555, and amendments thereto, and the rental agreement, all as itemized by the landlord in a written notice delivered to the tenant. If the landlord proposes to retain any portion of the security deposit for expenses, damages or other legally allowable charges under the provisions of the rental agreement, other than rent, the landlord shall return the balance of the security deposit to the tenant within 14 days after the determination of the amount of such expenses, damages or other charges, but in no event to exceed 30 days after termination of the tenancy, delivery of possession and demand by the tenant. If the tenant does not make such demand within 30 days after termination of the tenancy, the landlord shall mail that portion of the security deposit due the tenant to the tenant's last known address.
(c) If the landlord fails to comply with subsection (b) of this section, the tenant may recover that portion of the security deposit due together with damages in an amount equal to 1 1/2 the amount wrongfully withheld.
(d) Except as otherwise provided by the rental agreement, a tenant shall not apply or deduct any portion of the security deposit from the last month's rent or use or apply such tenant's security deposit at any time in lieu of payment of rent. If a tenant fails to comply with this subsection, the security deposit shall be forfeited and the landlord may recover the rent due as if the deposit had not been applied or deducted from the rent due.
(e) Nothing in this section shall preclude the landlord or tenant from recovering other damages to which such landlord or tenant may be entitled under this act.
(f) The holder of the landlord's interest in the premises at the time of the termination of the tenancy shall be bound by this section.
History: L. 1975, ch. 290, § 11; L. 1978, ch. 216, § 1; L. 1997, ch. 68, § 1; July 1.
Structure Kansas Statutes
Chapter 58 - Personal And Real Property
Article 25 - Landlords And Tenants
58-2501 Tenants at will; terms of lease in certain cases.
58-2501a When tenant may remove buildings and improvements.
58-2502 Tenants from year to year.
58-2503 Rent payable at intervals.
58-2504 Termination of tenancy at will; notice.
58-2505 Termination of tenancy from year-to-year; notice.
58-2506 Termination of farm or pastureland tenancy; notice.
58-2507 Termination of lease for three months or longer; notice; effect of payment of rent.
58-2508 Termination of tenancy of less than three months for nonpayment of rent; notice.
58-2509 Notice to quit not necessary, when.
58-2510 Service of notice of termination of lease or tenancy.
58-2511 Assignment or transfer by tenant, when.
58-2512 Same; re-entry upon violation of 58-2511.
58-2513 Attornment of tenant unnecessary; payment of rent.
58-2514 Attornment of tenant to stranger void, when.
58-2515 Remedies of sublessees.
58-2516 Remedies of alienees of lessors and lessees.
58-2517 Rents from lands granted for life.
58-2518 Recovery of rents dependent on life of another.
58-2519 Executors and administrators, remedies and liabilities.
58-2520 Occupant without special contract.
58-2521 Repairs and improvements by cotenant.
58-2522 Recovery by cotenant of rents and profits.
58-2523 Action by remainderman or reversioner for waste or trespass.
58-2525 Same; lessor's remedies when rent payable in share of crop.
58-2526 Recovery of rent from purchaser of crop.
58-2527 Attachment for nonpayment of rent; grounds; affidavit and bond.
58-2528 Same; contents of affidavit; proceedings.
58-2530 Tenant may waive exemptions.
58-2531 Leasing of farm lands; provisions in certain contracts enumerated.
58-2532 Terms of such contracts variant from approved rental agreements.
58-2541 Arrangements not subject to act.
58-2542 Jurisdiction of courts; procedure.
58-2544 Finding of unconscionability; remedies; evidence.
58-2545 Rental agreement; terms and conditions in absence thereof.
58-2547 Same; prohibited terms and conditions; damages.
58-2548 Inventory of premises by landlord and tenant, when; copies.
58-2549 Receipt of rent subject to certain obligations.
58-2550 Security deposits; amounts; retention; return; damages for noncompliance.
58-2552 Delivery of possession of premises; action for possession; damages.
58-2553 Duties of landlord; agreement that tenant perform landlord's duties; limitations.
58-2556 Rules and regulations of landlord; when enforceable.
58-2557 Landlord's right to enter; limitations.
58-2558 Use of premises; extended absence of tenant.
58-2560 Failure by landlord to deliver possession; remedies.
58-2563 Unlawful removal or exclusion of tenant; diminished services; damages; security deposit.
58-2566 Acceptance of late rent; effect.
58-2568 Landlord's remedies upon termination of rental agreement.
58-2569 Landlord's recovery or possession of dwelling; limitations.
58-2573 Inapplicability of act.
58-25,101 Application of act, exclusions.
58-25,102 Jurisdiction of courts; procedure.
58-25,104 Finding of unconscionability, remedies; evidence.
58-25,106 Prohibited terms and conditions.
58-25,107 Receipt of rent subject to certain obligations.
58-25,110 Delivery of possession of mobile home space; action for possession; damages.
58-25,114 Rules and regulations of landlord, when enforceable; notice; limitations.
58-25,115 Landlord's right to access; limitations.
58-25,116 Tenant to occupy as a dwelling unit; authority to sublet.
58-25,118 Failure to deliver possession; remedies.
58-25,119 Unlawful removal or exclusion of tenant; diminished services; damages; security deposit.
58-25,121 Abandonment, remedies; required registration.
58-25,122 Acceptance of late rent, effect.
58-25,123 Termination of tenancy; holdover by tenant; remedies.
58-25,127 Separate metering for water by landlord; requirements; not public utility.