58-2564. Material noncompliance by tenant; notice; termination of rental agreement; limitations; nonpayment of rent; remedies. (a) Except as otherwise provided in the residential landlord and tenant act, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with K.S.A. 58-2555 and amendments thereto materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice, if the breach is not remedied in 14 days. The rental agreement shall terminate as provided in the notice regardless of the periodic rent-paying date, except that if the breach is remediable by repairs or the payment of damages or otherwise, and the tenant adequately initiates a good faith effort to remedy the breach prior to the date specified in the notice, the rental agreement will not terminate. However, in the event that such breach or a similar breach occurs after the 14-day period provided in this subsection, the landlord may deliver a written notice to the tenant that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice without providing the opportunity to remedy the breach. The rental agreement then shall terminate as provided in such notice regardless of the periodic rent-paying date.
(b) The landlord may terminate the rental agreement if rent is unpaid when due and the tenant fails to pay rent within three days, after written notice by the landlord of nonpayment and such landlord's intention to terminate the rental agreement if the rent is not paid within such three-day period. The three-day notice period provided for in this subsection shall be computed as three consecutive 24-hour periods. When such notice is served on the tenant or to some person over 12 years of age residing on the premises, or by posting a copy of the notice in a conspicuous place thereon, the three-day period shall commence at the time of delivery or posting. When such notice is delivered by mailing, an additional two days from the date of mailing should be allowed for the tenant to pay such tenant's rent and thereby avoid having the rental agreement terminated.
(c) Except as otherwise provided in the residential landlord and tenant act, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or K.S.A. 58-2555 and amendments thereto.
(d) The provisions of this section shall not limit a landlord's or tenant's right to terminate the rental agreement pursuant to K.S.A. 58-2570, and amendments thereto.
History: L. 1975, ch. 290, § 25; L. 1978, ch. 218, § 1; L. 1978, ch. 217, § 1; L. 1992, ch. 306, § 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.