Navigating Mid-Term Rentals in Kansas: Key Regulations and Lease Essentials for Landlords

Kansas has specific regulations regarding mid-term rentals (leases between one and six months) that landlords should be aware of. Here is a comprehensive guide outlining key regulations and actionable lease provisions for mid-term rentals in Kansas.

1. Security Deposit Limits

• Kansas Law: Kansas does not impose a statewide cap on security deposits. The deposit amount must be reasonable and is typically detailed in the lease agreement.
  
• Lease Provision: Clearly specify the amount of the security deposit in the lease agreement. While there’s no cap, it's prudent to keep the deposit amount reasonable, typically not exceeding one or two months' rent.
  

2. Security Deposit Return

• Kansas Law: Security deposits must be returned within 14 days if no deductions are made. If deductions are necessary, an itemized list must be provided, and the remaining deposit should be returned within 30 days.
  
• Lease Provision: Include a clause in the lease that details the timeframe for the return of the security deposit and stipulates that an itemized list of deductions will be provided if any part of the deposit is withheld.
  

3. Notice for Rent Increases

• Kansas Law: For month-to-month tenancies, landlords must give at least 30 days' notice before increasing rent.
  
• Lease Provision: State the notice period required for any rent increase in the lease agreement, aligning with the 30-day requirement for month-to-month tenancies.
  

4. Eviction Process

• Kansas Law: For non-payment of rent, landlords must provide a 3-day notice to pay or vacate before filing for eviction. For other lease violations, a 30-day notice is generally required.
  
• Lease Provision: Include a clause outlining the notice period for non-payment and other lease violations. Ensure tenants are aware of the 3-day notice for non-payment and the 30-day notice for other violations.
  

5. Right to Repair and Habitability

• Kansas Law: Landlords must maintain properties in a habitable condition. Tenants have the right to request repairs, and if the landlord fails to address issues, tenants may repair and deduct costs from the rent or seek other remedies.
  
• Lease Provision: Incorporate a clause that specifies the landlord’s and tenant’s responsibilities for property maintenance and repair requests. Detail the process for handling repair requests and remedies if the landlord fails to act.
  

6. Late Fees

• Kansas Law: Kansas does not specify caps on late fees, but they must be reasonable and clearly outlined in the lease agreement.
  
• Lease Provision: Define late fees in the lease agreement, including the amount, when it will be charged, and any grace period (typically 5 days) before fees are applied.
  

7. Tenant's Right to Terminate Lease for Domestic Violence

• Kansas Law: Victims of domestic violence can terminate their lease early without penalty, given proper documentation and generally a 30-day notice.
  
• Lease Provision: Include a clause that allows for early termination in the case of domestic violence, specifying the documentation required and the notice period.
  

8. Disclosure of Lead-Based Paint Hazards

• Kansas Law: Federal law requires disclosure of lead-based paint hazards for properties built before 1978.
  
• Lease Provision: Provide a lead-based paint disclosure and an EPA-approved pamphlet about lead hazards if the property was built before 1978.
  

9. Landlord Access to Property

• Kansas Law: There are no specific statutory requirements for notice before entering a rental property for non-emergency reasons, but it’s common practice to give 24 to 48 hours' notice.
  
• Lease Provision: Specify a notice period (24 to 48 hours) in the lease agreement for non-emergency entries, such as inspections or repairs.
  

10. Rental Agreements and Lease Terms

• Kansas Law: Rental agreements must be in writing for leases longer than one year. For mid-term leases, a written agreement is advisable but not mandatory.
  
• Lease Provision: While not required, having a written lease for mid-term rentals is advisable. Clearly detail the lease term and any terms specific to the rental agreement.
  

11. Use of Security Deposits

• Kansas Law: Security deposits must be held in a separate account. Landlords must provide a written statement of any deductions from the deposit.
  
• Lease Provision: Include a clause specifying that security deposits are held in a separate account and detail how deductions will be handled, including providing a written statement.
  

12. Foreclosure and Tenant Rights

• Kansas Law: Tenants must be given 90 days' notice before being required to vacate a property that has been foreclosed, provided they have a valid lease.
  
• Lease Provision: Mention the tenant’s rights in the event of foreclosure and ensure the lease complies with the 90-day notice requirement.
  

13. Radon Disclosure

• Kansas Law: While Kansas law does not mandate radon disclosure, it’s prudent to include this if the property is known to have high radon levels.
  
• Lease Provision: If applicable, include a radon disclosure statement detailing test results and any mitigation measures.
  

14. Mold Disclosure

• Kansas Law: There are no specific mold disclosure requirements, but it’s wise to address mold in the lease.
  
• Lease Provision: Include a mold prevention clause outlining both the landlord’s and tenant’s responsibilities for preventing and addressing mold issues.
  

15. Smoke-Free Policies

• Kansas Law: Landlords can impose smoke-free policies.
  
• Lease Provision: Include a smoke-free clause in the lease that specifies where smoking is prohibited and any penalties for violations.
  

16. Pet Policies

• Kansas Law: There is no specific limit on pet deposits, but they should be reasonable.
  
• Lease Provision: Specify any pet deposits or fees, along with pet rules and restrictions. Ensure compliance with federal fair housing laws regarding service and emotional support animals.
  

17. Subletting

• Kansas Law: Landlords can impose conditions on subletting.
  
• Lease Provision: Include a clause requiring tenants to obtain written consent from the landlord before subletting.
  

18. Handling Abandoned Property

• Kansas Law: Landlords must provide 15 days' notice to reclaim any abandoned property after the lease ends.
  
• Lease Provision: Detail the process for handling abandoned property in the lease, including the 15-day notice requirement.
  

19. Domestic Violence Protections

• Kansas Law: Victims of domestic violence can terminate leases early with proper documentation.
  
• Lease Provision: Include a clause allowing for early lease termination under domestic violence circumstances and specify the documentation required.
  

20. Fair Housing and Anti-Discrimination

• Kansas Law: Strong fair housing laws protect tenants from discrimination based on various characteristics.
  
• Lease Provision: Include a statement in the lease confirming compliance with fair housing laws.
  

Incorporating these Kansas-specific provisions into your mid-term rental lease agreement will ensure compliance with state regulations and set clear expectations for both landlords and tenants.