If you’re going to sign a lease agreement, you might as well familiarize yourself with the things landlords are not allowed to do based on Kansas law. As a tenant who has made a formal agreement, you need to know your rights and ensure they are not being violated.
Here are illegal landlord behaviors you need to watch out for:
| Pt | Subject | Notes |
| 1 | Charging more than what’s indicated in the contract | A long-term lease is a legally binding contract. Toy should not be subject to any changes without the express written consent of the tenant. A landlord may provide written notice before the increase. Still, a tenant has the right to refuse the increase if he deems it necessary. Some terms can only be changed if the increase is accounted for by predefined criteria stated in the contract. |
| 2 | Entering your place without permission | While your “space” is yours to occupy, the property still belongs to the landlord. It’s at least technically speaking. With that said, Kansas’ laws mandate that they can’t barge into a rented space without notice. Also, they must issue a 24 to 48 hours notice before paying a visit to the occupied space. There are exceptions, such as when a landlord needs to carry out repairs or address emergencies. It includes when they need to show the space to a prospective person living there after you. |
| 3 | Refusing to rent due to discrimination | Discrimination against potential tenants won’t be tolerated, as mandated in the Fair Housing Act. It’s rightly so. For instance, they cannot refuse rent to anyone just because the concerned individual is an Asian or a Muslim. In the same vein, they can’t change or adjust the terms of the agreement based on the minority status. |
| 4 | Locking a tenant out without due process | They cannot lock out or evict someone without proper legal procedures. While a landlord reserves the right to evict, the eviction must be carried out through the proper channels. It should require at least issuing a 30-day notice. If not, it falls under retaliatory eviction and is considered illegal. Landlords who lock out anyone living there without proper legal procedures can be charged with trespassing charges. |
What if a landlord does not step up to fix or address a problem?
Almost a week has passed, but they haven’t lifted a finger? Are there dishes that need washing? Are you having trouble going through the day without using an electrical washer? What now? How long do they have to fix something?
Suppose your apartment has a leak, a clogged sink, or a busted electrical fuse. In that case, it falls under the owner’s responsibility to carry out the necessary repairs.
Unfortunately, your duty to pay the rent can’t be deemed null if your landlord fails on his or her duty to make the necessary repairs. Refuse to pay the rent on such grounds, and they will have a legal basis to evict you from the apartment.
There are alternative options you can take that will make your errant landlord step up, according to Kansas law:
- Issue a written request to make the necessary repairs (reminder: always have an extra copy of this letter). As stated in the K.S.A. 58-2553, the lease agreement can be terminated if repairs specified in the written request are not carried out within 30 days after the request has been issued. You won’t be liable to pay the rest of the lease if you follow the terms in the stated law.
- Ask for a written agreement to carry out the repairs or buy the items needed to make repairs yourself. The amount must be deducted from fires rent payments.
- Vacate the space and terminate the lease agreement by following the procedures at KSA 58-2560.
- Seek an injunction from the court by filing a document requesting an order to make repairs. Include a request to pay the rent to court until repairs are carried out. The judge can make a decision on whether the rent amount is fair considering the repair costs. If so, some of the amounts will be paid back to you once you’ve settled the payment to the Court (KSA 58- 2559).
Do note that hairline cracks may not be sufficient to demand repairs.
