A Kansas lease agreement is a legally binding document used to lease real estate for residential, commercial, or other purposes.
The main contractual parties in the lease agreement are the landlord, or lessor, and the tenant, or lessee. A landlord is a person that is giving access to certain property to the tenant. A tenant uses the landlord's property for a monthly fee called the rent.
Before signing the lease agreement, the tenant usually submits the application form to the landlord. The landlord then reviews the application and checks the potential tenant’s financial status and references from previous landlords.
After selecting a suitable tenant, the landlord begins the lease agreement drafting process.
Kansas Lease Agreement Required Disclosures
Every Kansas lease agreement must include the few mandatory disclosures, stipulated by federal and Kansas state laws:
Lead-based paint disclosure. According to Federal law, this disclosure must be included in the lease agreement for any property built before 1978.
Inventory disclosure. The landlord or an authorized person representing the landlord must inspect the property with the tenant before the tenancy starts. After the inspection, they must both sign the inventory form, with listed items and furnishing and their condition. (§ 58-2551)
Manager and owner information disclosure. The landlord or person representing them shall disclose the following information in the lease agreement:
Name and address of the property manager
Name and address of the property owner or a person authorized to act on their behalf to receive the notices and requests. (§ 58-2551)
Kansas Lease Agreement Optional Disclosures
Many contractual parties choose to include a few non-mandatory disclosures in order to provide extra stability and protection to both the landlord and the tenant. Below you can find the most common optional disclosures:
Bed bug disclosure. The landlord shall disclose any information about the history of bed bug infestation at the property. They shall also provide the tenant with the guidelines in case of a bed bug infestation at the property.
Medical marijuana usage disclosure. The landlord can include the rules about medical marijuana usage at the property. The landlord can also give instructions to the tenant about the designated areas at the property where medical marijuana smoking is allowed.
Consequences of Non-Disclosure
If the landlord doesn’t include the disclosure about the lead-based paint hazard at the property, they can be charged up to $19,507 in penalties. (24 CFR § 30.65)
The tenant can also file a civil lawsuit for any damages caused by the health and safety hazards at the leased property that weren’t properly addressed in the lease agreement by the landlord.
Kansas Lease Agreement Security Deposits
Security Deposit Maximum
Kansas state law provides a cap for a security deposit depending on the leased property's furnishing. For unfurnished property, the deposit cannot be higher than one month’s rent. In the case of a furnished property, the security deposit is limited to one and a half months' rent.
The landlord can also charge an additional deposit if the tenant keeps a pet in the leased property. The pet deposit is limited to half of the month's rent. (§ 58-2550(a))
Security Deposit Return
The landlord shall return any remaining deposit within 30 days from the moment of the lease agreement termination.
If any deductions must be made, the landlord must send the remaining amount as well as an itemized list of any deductions made within 14 days of determining the number of deductions that must be made. (§ 58-2550(b))
When is Rent Due in Kansas? (Grace Period)
The state of Kansas doesn’t provide any grace period for the rent payment. Therefore, the landlord and the tenant shall determine the rent due date in the lease agreement, as well as any grace period for the rent payment if they so wish.
Depending on the length of the tenancy, the landlord must issue a 3-day or 10-day notice to the tenant before terminating the lease agreement for not paying the rent.
Kansas Rent Late Fees
There are no rules on the maximum late fee in the state of Kansas. That means that the landlord can charge any late fee they deem reasonable.
However, any late fee should be stipulated in the lease agreement before the lease starts.
Kansas NSF Checks
If the tenant uses a bad check for the rent payment, the landlord can request compensation from the tenant for the check value and any additional fees charged by the bank or other financial institution.
The landlord can also request an additional fee of up to $30. (§ 16a-2-501(e)(iii))
Kansas Landlord’s Right to Enter
The tenant shall receive reasonable notice from the landlord before entering the leased unit. In most cases, a 24-hour notice would be considered reasonable. (§ 58-2557)
The landlord can enter the leased unit without prior notice only in case of an emergency.
The Kansas statute also provides that the landlord shall enter the leased unit only at reasonable times. In most cases, this would be between 9 a.m. and 8 p.m.
Kansas Lease Agreement FAQ
The Kansas lease agreement is legally binding if both parties have signed it.
Even if only one party has signed the lease agreement, it can still be binding. In case the landlord fails to sign the lease agreement, it will be binding on them if they accept the rent payment. If the tenant doesn’t sign the lease agreement but pays the rent, the lease agreement will also be binding toward them.
However, if one of the parties doesn’t sign the lease agreement, the agreement's validity is limited to one year. (KS Stat § 58-2546)
A Kansas lease agreement should have the following outline:
Names of the parties
Details about the rental unit
Rent amount and payment dynamics
Mandatory disclosures provided by federal and Kansas state law
Other disclosures provided by the contractual parties (optional)
Details about the lease agreement termination
Date and place of the lease agreement signature
You can download your own Kansas lease agreement from our website.
Choose from a variety of templates based on the type of lease and the length of the lease, such as:
Commercial and residential lease agreement
Long-term lease agreement and Short-term rental agreement
Sublease agreement and room rental agreement
After signing the lease agreement, make sure you do the proper inspection of the leased unit and sign the move-in form.
The form should contain general information about the property’s condition and a list of all the items and appliances at the leased property.
By signing the check-in form, you will make the moving-out procedure much more simple and prevent any potential disputes between the landlord and the tenant.