What are the grounds for terminating a lease?
Full Question:
I needed to know if my husband and I can break a lease because my father is sick and lost his job and we have to help them financially. So we can no longer afford our rent. We've only been staying there about three months and its a year lease.
11/02/2007 |
Category: Landlord Ten... ยป Lease Termin... |
State: Kansas |
#11503
Answer:
The following are Kansas statutes:
58-2505. Termination of tenancy from year-to-year; notice.
All tenancies from year to year, other than farm tenancies from
year-to-year, may be terminated by at least thirty days' notice in writing,
given to the tenant prior to the expiration of the year.
58-2509. Notice to quit not necessary, when.
Where the time for the termination of a tenancy is specified in the
contract, or where a tenant at will commits waste, or in the case of a
tenant by sufferance, and in any case where the relation of landlord and
tenant does not exist, no notice to quit shall be necessary.
58-2510. Service of notice of termination of lease or tenancy.
Notice as required in the preceding sections may be served on the tenant,
or, if the tenant cannot be found, by leaving a copy thereof at the
tenant's usual place of residence, or by delivering a copy thereof to some
person over 12 years of age residing on the premises, or, if no person is
found upon the premises, by posting a copy of the notice in a conspicuous
place thereon, or by registered mail, registered mail return receipt
requested, or certified mail, return receipt requested, addressed to the
tenant at the tenant's usual place of residence. Proof of service by
registered mail may be by the affidavit of the person mailing such notice
or by the return receipt. Proof of service by certified mail may be by the
return receipt.
58-2564. Material noncompliance by tenant; notice; termination of rental
agreement; limitations; nonpayment of rent; remedies.
(a) Except as otherwise provided in the residential landlord and tenant
act, if there is a material noncompliance by the tenant with the rental
agreement or a noncompliance with K.S.A. 58-2555 and amendments thereto
materially affecting health and safety, the landlord may deliver a written
notice to the tenant specifying the acts and omissions constituting the
breach and that the rental agreement will terminate upon a date not less
than 30 days after receipt of the notice, if the breach is not remedied in
14 days. The rental agreement shall terminate as provided in the notice
regardless of the periodic rent-paying date, except that if the breach is
remediable by repairs or the payment of damages or otherwise, and the
tenant adequately initiates a good faith effort to remedy the breach prior
to the date specified in the notice, the rental agreement will not
terminate. However, in the event that such breach or a similar breach
occurs after the 14-day period provided in this subsection, the landlord
may deliver a written notice to the tenant that the rental agreement will
terminate upon a date not less than 30 days after receipt of the notice
without providing the opportunity to remedy the breach. The rental
agreement then shall terminate as provided in such notice regardless of the
periodic rent-paying date.
(b) The landlord may terminate the rental agreement if rent is unpaid
when due and the tenant fails to pay rent within three days, after written
notice by the landlord of nonpayment and such landlord's intention to
terminate the rental agreement if the rent is not paid within such
three-day period. The three-day notice period provided for in this
subsection shall be computed as three consecutive 24-hour periods. When
such notice is served on the tenant or to some person over 12 years of age
residing on the premises, or by posting a copy of the notice in a
conspicuous place thereon, the three-day period shall commence at the time
of delivery or posting. When such notice is delivered by mailing, an
additional two days from the date of mailing should be allowed for the
tenant to pay such tenant's rent and thereby avoid having the rental
agreement terminated.
(c) Except as otherwise provided in the residential landlord and tenant
act, the landlord may recover damages and obtain injunctive relief for any
noncompliance by the tenant with the rental agreement or K.S.A. 58-2555 and
amendments thereto.
(d) The provisions of this section shall not limit a landlord's or
tenant's right to terminate the rental agreement pursuant to K.S.A.
58-2570, and amendments thereto.
58-2568. Landlord's remedies upon termination of rental agreement.
Upon termination of the rental agreement, the landlord may have a claim
and file an action for possession or for rent or both. The landlord also
may have a separate claim for actual damages for breach of the rental
agreement and may file an action for such damages prior to the termination
date of the rental agreement.
