Kansas Apartment Lease Agreement

Legal Aspects 

The legal aspects of a residential lease can vary, but the below are true in Kansas for apartment leases.

Security Deposit

• Lessors can charge a maximum of one (1) month’s rent as the security deposit for unfurnished apartments. Should the apartment be furnished, the deposit can be pushed up to equal one and a half months’ rent.
• Lessees aren’t entitled to interest on the deposit amount, so lessors don’t have to place it in an interest-bearing account.
• Landlords don’t have to provide a security deposit receipt. However, they must keep the deposit in a separate trust account. The deposit can’t co-mingle with the landlord’s funds.
• The lessor must return the deposit to the tenant within 14 days of determining how much they must deduct for repairs beyond wear and tear. However, it should be within 30 days of the lease terminating.

Entry and Access 

• Kansas laws state no specific notice period for a landlord to enter the property. However, they must give reasonable notice and only enter during good hours, like business hours.
• Lessors can’t abuse their right of entry or harass the lessee.
• Lessees can’t prohibit the lessor entrance without reasonable cause.
• Landlords can only enter the premises without the lessee’s consent when an emergency affects the occupants or property.

Pets Policy 

• There are no legal obligations for landlords to allow pets in their apartments. However, the apartment building’s regulations should also be considered when creating a pet policy.
• Landlords can charge pet rent and fees when allowing animals in their apartments. However, the pet policy might restrict the type of animal, depending on the apartment’s size and location.
• The only exception to this rule is service and companion animals. The federal acts Americans with Disabilities/Fair Housing have specific regulations regarding them.
• A lessor can’t deny a tenant the use of their service or companion animal and should reasonably accommodate them.

Disclosures 

You must also include four (4) main disclosures in any apartment lease. 

• Lead-Based Paint: Inform the tenant if any lead-based paint is present in the building. It’s generally only applicable to buildings constructed before or in 1978.
• Move-in Checklist: Should the lessor accept a security deposit, the tenant must complete the checklist within five (5) days of moving in.
• Authorized Agent: The landlord must provide the name and address of the property’s authorized agent.
• Kansas Landlord-Tenant Act: The lessor must provide the lessee with a summary of or reference to the landlord-tenant act. This act explains the rights and responsibilities of both parties.

Aside from these mandated disclosures, here are some optional recommended disclosures that can be added to the agreement:

• Mold Disclosure
• Medical Marijuana Disclosure
• A Non-Refundable Fees Disclosure
• Late/Returned Check Fees
• Shared Utilities Disclosure
• Smoking
• Bed Bugs
• Asbestos