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As a tenant, you have rights and responsibilities. You should know your rights and have an understanding of fair housing laws that exist for your protection. Watch this video for a quick overview of what you need to know when moving into an apartment.
Landlord & Tenant Duties-Livable Conditions
When renting a property, both you and your landlord have a duty to keep the property in a livable condition, according to the City of Lawrence’s code standards and Kansas state law. Under Kansas state law, your landlord is responsible for providing or maintaining livable conditions including running water, plumbing, heat, and electricity. See K.S.A. 58-2553 (a)(1-5). When your landlord violates your right by failing to provide these essentials, you may have a claim against your landlord. See K.S.A. 58-2559 (b). Additionally, you can give your landlord written notice of their failure to perform their duties under Kansas law and terminate your rental agreement within thirty days. See K.S.A. 58-2559. If you take this step, your landlord must return any security deposit owed after damages and other costs you caused. See K.S.A. 58-2559 (d). However, if your landlord performs the maintenance within fourteen days, your rental agreement continues. See K.S.A. 58-2559 (a)(1).
Mobile Home Park Landlords-Fit and Habitable
Mobile home park landlords have a duty to make all repairs and do “whatever is necessary to put and keep the mobile home space in a fit and habitable condition.” K.S.A. 58-25-111(2). In addition, mobile home park landlords have a duty to keep common areas clean and safe, maintain facilities, provide removal of trash and waste from the park, furnish safe electric, and provide sanitary water and sewer services.
Even though your landlord may exercise authority over some aspects of the park, your landlord cannot impose conditions which restrict your choice of “fuel, furnishings, goods, servies, or mobile homes…” unless it is necessary to protect the health, safety, or welfare of park-tenants or standardize methods of utility connection and hookup. This means, a landlord forcing you to change a window air-conditioning unit, which poses no threat to other park-tenants, or does not help with standardizing park methods of utility hookups, is a violation of K.S.A. 58-25-111(b).
Mobile Home Rules and Regulations
Under Kansas law, landlords can adopt rules and regulations that affect your use and occupancy of the park. However, these rules and regulations must be written and must have the purpose of promoting “convenience, safety or welfare of the tenants,” preserving the property from abuse, making a fair distribution of services and facilities to all the tenants, or facilitating home park management. Additionally, the rule or regulation must be reasonably related to the purpose for which the landlord adopted it and must apply to all tenants in the park in a “fair manner.” A landlord cannot use a rule or regulation to evade a legal duty or obligation. All rules and regulations must be explicit and tell you how to comply. Landlords must give you 30 days before any change to rules and regulations becomes effective. Unfair and deceptive rules and regulations are unenforceable. K.S.A. 58-25,114 (a)(1-6), (b).
What Your Mobile Home Landlord CANNOT do
Deny a rental if you conform to park rules and regulations
Require an entrance or exit fee as a precondition of renting
Deny you the right to sell your mobile home at a price of your choosing
Demand a commission or fee when you sell your mobile home
Prohibit tenant meetings about park living and affairs
Charge a fee based on the number of immediate family members in the unit
Charge a fee to tenants for sharing a unit
Charge a fee for a guest who stays less and 30 days in one calendar year
Security Deposits
Non-Mobile Home Park Tenants
Your landlord can demand a security deposit. However, this deposit cannot be more than one and one-half of your monthly rent. If your rental agreement permits you to have a pet in your unit, your landlord may lawfully charge an additional security deposit, but it cannot exceed one-half of one month’s rent. See K.S.A. 58-2550(a).
When you terminate your tenancy, i.e. you move out, your landlord can apply your security deposit to any rent you owe the landlord. Additionally, the landlord can apply that security deposit to pay for any damages to the property or other allowable charges. See K.S.A. 58-2550(b). Your landlord has 14 days to return your security deposit and “in no event to exceed 30 days after termination of tenancy”.
Mobile Home Park Tenants
If you are a mobile home park tenant, a landlord cannot demand a security deposit that amounts to more than two months of your rent-amount. See K.S.A. 58-25-108(a). When you end your tenancy at a mobile home residence, the landlord may apply that amount to any accrued rent you have and may also subtract from your security deposit any damages you caused or noncompliance with K.S.A. 58-113. However, the landlord must provide you with written, itemized notice of any damages and noncompliance that affects your security deposit. See K.S.A. 58-25-108(c). If your landlord seeks to keep any portion of your security deposit other than accrued rent, your landlord must return your portion within 14 days after they sent you the written notice. See K.S.A. 58-25-108(c). Under Kansas law, your landlord should never take more than 30 days to deliver your security deposit after you end your tenancy. Even if you do not contact your landlord and demand your security deposit back, your landlord has a statutory duty to mail-deliver your security deposit to your last-known address. See K.S.A. 58-25-108(c). When your landlord violates this statutory duty, you may recover your portion of the security deposit and 1 ½ the amount your landlord withheld from you in damages.
New Mobile Home Landlords
If your landlord sold the mobile home park, the new landlord continues to have all the obligations and duties of the old landlord. Your old landlord has a duty to transfer your security deposit to the new landlord within a reasonable time. See K.S.A. 58-25-108(g). The new landlord also has a duty to provide you with written notice outlining how much of your security deposit will be transferred over to the new landlord. You have 20 days after that notice to object. K.S.A. 58-25-108(3). Importantly, landlords have the statutory duty to provide you with written notice of any rent increase, at least 60 days before that rental increase takes effect.
Tenant Obligations
Kansas Law-Tenant Obligations
As a tenant, you have duties, too. Under state law, you have a duty to keep the place you occupy clean and safe. See K.S.A. 58-2555 and K.S.A. 58-25, 113(a). You are also responsible for any destruction, defacement, damage, impairment or removal of any part of the premises you occupy. See K.S.A. 58-2555 and K.S.A. 58-25, 113(d). You have a duty to pay your rent without your landlord’s demand or notice. See K.S.A. 58-2545.
Learn more about your rights and responsibilities as a tenant here. You can also read more about your rights and duties in the Kansas Residential Landlord & Tenant Act and in the Kansas Mobile Home Parks Residential Landlord & Tenant Act.
Lawrence City Code-Landlord & Tenant Responsibilities
In addition to Kansas standards, Lawrence City Code outlines responsibilities you and your landlord have on issues like bug infestations, garbage removal, fencing, shared water meter charges, and yard cleanliness.
Rental Agreement
Your landlord-tenant agreement should include your monthly rent amount. See K.S.A. 58-2545(a) and K.S.A. 58-25-105(b) (for mobile home tenants). If your agreement does not specify your rent, your landlord cannot make you pay more than the fair rental value for your unit. See K.S.A. 58-2545(b).
Utilities Assistance
Sometimes bills add up, unexpected expenses pop up, and we need help getting through. If you are experiencing difficulties paying your utilities, you are not alone. You can access information from the U.S. Department of Housing and Urban Development for programs like Dollar Aide (through Evergy), Kansas Low Income Energy Assistance Program, and the Kansas Weatherization Assistance Program.
Additionally, Kansas Association of Community Action Programs has statewide programs to help Kansans with a variety of housing needs including rent and utility support, affordable housing, Weatherization, and rapid re-housing. Community Action Partnership, through Community Action, Inc. provides services to help Kansans in times of need. One service available is a “Community Action Partner.” Community Action Partner representatives can help you fill out housing-related paperwork, apply for Weatherization, or make appointments for services.
Special Assistance and Resources for Seniors
Kansas Seniors can access a variety of housing resources and legal assistance. The U.S. Department of Housing and Urban Development (HUD) has approved Housing and Credit Counseling, Inc. (HCCI) in Lawrence as a Housing Counseling Agency. This agency provides useful information and aid for Kansas renters.
Lawrence Housing Assistance Programs
The City of Lawrence accepts applications for emergency and furnace loans. In emergency situations, this loan program can provide up to $5,000 of emergency funding for repairs to furnace replacement. This is a no-interest loan, and must be repaid. However, there is no monthly payment requirement. You can access the loan application here.
Filing Complaints with U.S. Department of Housing and Urban Development
Renting and Discrimination
If your landlord has discriminated against you because of your race, sex, religion, color, national origin, age, ancestry, sexual orientation, disability, or general identity, you can contact the Lawrence Human Relations Commission and Human Relations Division and file a complaint with the Kansas Human Rights Commission. There is a one-year filing period for housing discrimination complaints, so it is important to file when the discrimination occurs. Additionally, you can contact Lawrence/Douglas County Housing Authority at 785-842-8110, writing to 1600 Haskell Avenue, Lawrence, KS, 66044, or by emailing housting@ldcha.org. To file a complaint of housing discrimination with the U.S. Department Housing Urban Development (HUD), you can call 1-800-669-9777. Some examples of housing discrimination include refusing to rent to a family with children, telling a potential tenant a unit is not available when it is, or requiring higher deposits for families with children. For more information about fair housing, click here.
Bad Landlords in Federal Housing
The federal government has the power to fine or debarr landlords from doing business with the federal government when the landlord fails to provide safe, livable conditions to tenants. You can report a bad landlord to the Multifamily Housing Complaint Line.
Reporting Your Landlord
If your landlord is a business and part of the Better Business Bureau (BBB), you can report your landlord to the BBB. This action is not a commencement of formal legal proceedings, but it may impact their business’s success and allow future renters to beware of this landlord’s harmful practices.
Other Tenant Resources
Handbooks
Learn More-Videos
Mobile Home Crisis
For more general information on the current mobile-home crisis, check out John Oliver’s Last Week Tonight, Mobile Home Park Tenants Forced to Move, Former Mobile Home Park Tenants Taking Action, Eviction Notices Given to All Tenants at Mobile Home Park, and Mobile Home Tenants Call for Fair Treatment.
General Resources-Contact Information
Housing and Credit Counseling, Inc.
Lawrence Office
2518 Ridge Court, Suite 208, Lawrence, KS, 66046
Phone: 785-749-4224
Topeka Office
1195 SW Buchanan, Suite 101, Topeka, KS, 66604
Phone: 785-234-0217 / 800-383-0217
Email: HCCI@HousingAndCredit.org
Kansas Legal Aid Contact Information
https://www.kansaslegalservices.org/node/contact-us
KLS Statewide Client Intake: 1-800-723-6953.
Topeka
712 S. Kansas Ave., Suite 201
Topeka, KS 66603
785-354-8531 telephone
Kansas City
400 State Avenue, Suite 1015
Kansas City, KS 66101
913-621-0200 telephone
Application Line:
1-800-723-6953
Or apply online: