Kansas Month-to-Month Lease Agreement

Legal Aspects of a Month-to-Month Lease in Kansas

Month-to-month rental agreements are legally binding contracts between tenants and landlords. Kansas law provides several protections for tenants in month-to-month agreements regarding security deposits, discrimination, repairs, and rights to privacy. Understanding the legal aspects of a Kansas month-to-month lease agreement can help tenants and landlords.

Lease Termination & Renewal 

• Landlords must provide at least 30 days’ notice if they don’t intend to renew the lease.  
• In the same manner, tenants should also give 30 days’ notice to terminate, with the end date falling on the normal rent payment date. 

Rent Increases

• The landlord can raise the rent with written notice as long as it’s not discriminatory or retaliatory. 
• Kansas law requires landlords to inform tenants in writing at least 30 days before the rental date when a rent increase takes effect.
• For mobile homes rented month-to-month, a longer 60-day notice is required before a rent increase can kick in. 

Security Deposit

• In a Kansas month-to-month lease agreement, the security deposit can’t exceed one month’s rent for an unfurnished unit or 1.5 times the monthly rent if furnished. 
• Landlords can also add up to half a month’s rent as a pet deposit. 
• Before refunding, the landlord can use your security deposit to cover any unpaid rent or damages beyond normal wear and tear, as itemized in writing. 
• They must return any unused portion within 14 days of determining these deductions or within 30 days of you moving out.
• If you don’t hear from the landlord within 30 days, they must mail your remaining deposit to your last known address. 
• Failure to do so means you can recover 1.5 times the wrongfully withheld amount. 
• Remember that you can’t deduct any deposit portion from your last month’s rent without forfeiting the deposit entirely unless the lease specifically allows it.

Tenant Rights 

• Protection from discriminatory or retaliatory rent increases
• Reasonable notice for entry from landlords
• Ability to sue landlords for failure to maintain safe/sanitary housing
• Proper notice for lease termination and eviction proceedings
• Limits on security deposit amounts and return timeframes
• Protection from lockouts or utility shutoffs by landlords
• Rights to privacy and quiet enjoyment of rental property
• Ability to make emergency repairs and deduct costs from rent

Required Disclosures

There are several mandatory disclosures landlords in Kansas must provide tenants by law. These disclosures ensure tenants have key information about the property prior to signing a lease. 

Required disclosures include:

• Identity of the landlord or housing agent
• Terms for deposit and rent payments
• Handling of maintenance and repairs
• Lead paint hazard disclosure for properties built before 1978.