Can my daughter move out without notice if her landlord has not made requested repairs after months?
Full Question:
My daughter is renting in Kansas. She has lived in the basement apt for 6mo of her yr lease. She has noticed black mold growing on the ceiling and she has a window that leaks when it rains-causing a wet carpet. Her landlord has been told of the mold-but is not doing anything to correct the problem. Also, according to the city fire code, there should be smoke detectors in the hallways of the building. There aren't any-my daughter pointed that out 3 mo ago-still no detectors. My question is can my daughter just move out--with no penalty and payment due her landlord?
05/11/2007 |
Category: Landlord Ten... ยป Repairs |
State: Kansas |
#4522
Answer:
Your daughter needs to carefully read her lease agreement regading her rights and obligations as a tenant regarding termination and the landlord's rights and obligations regarding maintenance of the rental property.
The applicable Kansas statutes are as follows:
58-2545. Rental agreement; terms and conditions in absence thereof.
(a) The landlord and tenant may include in a rental agreement, terms and
conditions not prohibited by this act or other rule of law, including rent,
term of the agreement and other provisions governing the rights and
obligations of the parties.
(b) In absence of agreement, the tenant shall pay as rent the fair rental
value for the use and occupancy of the dwelling unit.
(c) Rent shall be payable without demand or notice at the time and place
agreed upon by the parties. Unless otherwise agreed, rent is payable at the
dwelling unit, and periodic rent is payable at the beginning of any term of
one (1) month or less and otherwise in equal monthly installments at the
beginning of each month. Unless otherwise agreed, rent shall be uniformly
apportionable from day-to-day.
(d) Unless the rental agreement fixes a definite term, the tenancy shall
be week-to-week, in the case of a roomer who pays weekly rent, and in all
other cases month-to-month.
58-2553. Duties of landlord; agreement that tenant perform landlord's
duties; limitations.
(a) Except when prevented by an act of God, the failure of public utility
services or other conditions beyond the landlord's control, the landlord
shall:
(1) Comply with the requirements of applicable building and housing codes
materially affecting health and safety. If the duty imposed by this
paragraph is greater than any duty imposed by any other paragraph of this
subsection, the landlord's duty shall be determined in accordance with the
provisions of this paragraph;
(2) exercise reasonable care in the maintenance of the common areas;
(3) maintain in good and safe working order and condition all electrical,
plumbing, sanitary, heating, ventilating and air-conditioning appliances
including elevators, supplied or required to be supplied by such landlord;
(4) except where provided by a governmental entity, provide and maintain
on the grounds, for the common use by all tenants, appropriate receptacles
and conveniences for the removal of ashes, garbage, rubbish and other waste
incidental to the occupancy of the dwelling unit and arrange for their
removal; and
(5) supply running water and reasonable amounts of hot water at all times
and reasonable heat, unless the building that includes the dwelling units
is not required by law to be equipped for that purpose, or the dwelling
unit is so constructed that heat or hot water is generated by an
installation within the exclusive control of the tenant and supplied by a
direct public utility connection. Nothing in this section shall be
construed as abrogating, limiting or otherwise affecting the obligation of
a tenant to pay for any utility service in accordance with the provisions
of the rental agreement. The landlord shall not interfere with or refuse to
allow access or service to a tenant by a communication or cable television
service duly franchised by a municipality.
(b) The landlord and tenants of a dwelling unit or units which provide a
home, residence or sleeping place for not to exceed four households having
common areas may agree in writing that the tenant is to perform the
landlord's duties specified in paragraphs (4) and (5) of subsection (a) of
this section and also specified repairs, maintenance tasks, alterations or
remodeling, but only if the transaction is entered into in good faith and
not for the purpose of evading the obligations of the landlord.
(c) The landlord and tenant of any dwelling unit, other than a single
family residence, may agree that the tenant is to perform specified
repairs, maintenance tasks, alterations or remodeling only if:
(1) The agreement of the parties is entered into in good faith, and not
to evade the obligations of the landlord, and is set forth in a separate
written agreement signed by the parties and supported by adequate
consideration;
(2) the work is not necessary to cure noncompliance with subsection
(a)(1) of this section; and
(3) the agreement does not diminish or affect the obligation of the
landlord to other tenants in the premises.
(d) The landlord may not treat performance of the separate agreement
described in subsection (c) of this section as a condition to any
obligation or the performance of any rental agreement.
58-2555. Duties of tenant.
The tenant shall:
(a) Comply with all obligations primarily imposed upon
tenants by applicable provisions of building and housing codes materially
affecting health and safety;
(b) keep that part of the premises that such tenant occupies and uses as
clean and safe as the condition of the premises permit;
(c) remove from such tenant's dwelling unit all ashes, rubbish, garbage
and other waste in a clean and safe manner;
(d) keep all plumbing fixtures in the dwelling unit or used by the tenant
as clean as their condition permits;
(e) use in a reasonable manner all electrical, plumbing, sanitary,
heating, ventilating, air-conditioning and other facilities and appliances,
including elevators in the premises;
(f) be responsible for any destruction, defacement, damage, impairment or
removal of any part of the premises caused by an act or omission of the
tenant or by any person or animal or pet on the premises at any time with
the express or implied permission or consent of the tenant;
(g) not engage in conduct or allow any person or animal or pet, on the
premises with the express or implied permission or consent of the tenant,
to engage in conduct that will disturb the quiet and peaceful enjoyment of
the premises by other tenants.
58-2556. Rules and regulations of landlord; when enforceable.
A landlord, from time to time, may adopt rules or regulations, however
described, concerning the tenant's use and occupancy of the premises. Any
such rule or regulation is enforceable against the tenant only if:
(a) Its purpose is to promote the convenience, safety, peace or welfare
of the tenants in the premises, preserve the landlord's property from
abusive use or make a fair distribution of services and facilities held out
for the tenants generally;
(b) it is reasonably related to the purpose for which it is adopted;
(c) it applies to all tenants in the premises equally;
(d) it is sufficiently explicit in its prohibition, direction or
limitation of the tenant's conduct to fairly inform the tenant of what such
tenant must or must not do to comply;
(e) it is not for the purpose of evading the obligations of the landlord;
and
(f) the tenant has notice of it at the time such tenant enters into the
rental agreement.
After the tenant enters into the rental agreement, if a rule or
regulation which effects a substantial modification of the rental agreement
is adopted, such rule or regulation is not enforceable against the tenant
unless such tenant consents to it in writing.
58-2559. Material noncompliance by landlord; notice; termination of rental
agreement; limitations; remedies; security deposit.
(a) Except as otherwise provided in this act, if there is a material
noncompliance by the landlord with the rental agreement or a noncompliance
with K.S.A. 58-2553 materially affecting health and safety, the tenant may
deliver a written notice to the landlord specifying the acts and omissions
constituting the breach and that the rental agreement will terminate upon a
periodic rent-paying date not less than thirty (30) days after receipt of
the notice. The rental agreement shall terminate as provided in the notice,
subject to the following:
(1) If the breach is remediable by repairs or the payment of damages or
otherwise, and the landlord adequately initiates a good faith effort to
remedy the breach within fourteen (14) days after receipt of the notice,
the rental agreement shall not terminate. However, in the event that the
same or a similar breach occurs after the fourteen-day period provided
herein, the tenant may deliver a written notice to the landlord
specifically describing the breach and stating that the rental agreement
shall terminate upon a periodic rent-paying date not less than thirty (30)
days after the receipt of such notice by the landlord. The rental agreement
then shall terminate as provided in such notice.
(2) The tenant may not terminate for a condition caused by an act or
omission of, or which is or can be properly attributable or applicable to,
the tenant or any person or animal or pet on the premises at any time with
the tenant's express or implied permission or consent.
(b) Except as otherwise provided in this act, the tenant may recover
damages and obtain injunctive relief for any noncompliance by the landlord
with the rental agreement or K.S.A. 58-2553. The remedy provided in this
subsection shall be in addition to any right of the tenant arising under
subsection (a) of this section.
(c) If the rental agreement is terminated, the landlord shall return that
portion of the security deposit recoverable by the tenant under K.S.A.
58-2550.
(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.
58-2561. Action for possession for nonpayment of rent; counterclaim,
waiver; accrued rent, payment into court; disposition; when judgment for
tenant.
(a) In an action for possession based upon nonpayment of the rent, or in
an action for rent where the tenant is in possession, the tenant shall
counterclaim for any amount which such tenant may recover under the rental
agreement or this act or such counterclaim shall be deemed to have been
waived. In that event, the court from time to time may order the tenant to
pay into court all or part of the rent accrued and thereafter accruing, and
shall determine the amount due to each party. The party to whom a net
amount is owed shall be paid first from the money paid into court, and the
balance shall be paid by the other party. If no rent remains due after
application of this section, judgment may be entered for the tenant in the
action for possession.
(b) In an action for rent where the tenant is not in possession, the
tenant may counterclaim as provided in subsection (a), but the tenant shall
not be required to pay any rent into court.
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.
58-2565. Extended absence of tenant; damages; entry by landlord;
abandonment by tenant, when; reasonable effort to rent required;
termination of rental agreement, when; personal property of tenant;
disposition, procedure; proceeds; rights of person receiving property.
(a) If the rental agreement requires the tenant to give notice to the
landlord of an anticipated extended absence in excess of seven days
required in K.S.A. 58-2558, and amendments thereto, and the tenant
willfully fails to do so, the landlord may recover actual damages from the
tenant.
(b) During any absence of the tenant in excess of 30 days, the landlord
may enter the dwelling unit at times reasonably necessary. If, after the
tenant is 10 days in default for nonpayment of rent and has removed a
substantial portion of such tenant's belongings from the dwelling unit, the
landlord may assume that the tenant has abandoned the dwelling unit, unless
the tenant has notified the landlord to the contrary.
(c) If the tenant abandons the dwelling unit, the landlord shall make
reasonable efforts to rent it at a fair rental. If the landlord rents the
dwelling unit for a term beginning prior to the expiration of the rental
agreement, it is deemed to be terminated as of the date the new tenancy
begins. The rental agreement is deemed to be terminated by the landlord as
of the date the landlord has notice of the abandonment, if the landlord
fails to use reasonable efforts to rent the dwelling unit at a fair rental
or if the landlord accepts the abandonment as a surrender. If the tenancy
is from month-to-month, or week-to-week, the term of the rental agreement
for this purpose shall be deemed to be a month or a week, as the case may
be.
(d) If the tenant abandons or surrenders possession of the dwelling unit
and leaves household goods, furnishings, fixtures or any other personal
property in or at the dwelling unit or if the tenant is removed from the
dwelling unit as a result of a forcible detainer action, pursuant to K.S.A.
61-3801 through 61-3808, and amendments thereto, and fails to remove any
household goods, furnishings, fixtures or any other personal property in or
at the dwelling unit after possession of the dwelling unit is returned to
the landlord, the landlord may take possession of the property, store it at
tenant's expense and sell or otherwise dispose of the same upon the
expiration of 30 days after the landlord takes possession of the property,
if at least 15 days prior to the sale or other disposition of such property
the landlord shall publish once in a newspaper of general circulation in
the county in which such dwelling unit is located a notice of the
landlord's intention to sell or dispose of such property. Within seven days
after publication, a copy of the published notice shall be mailed by the
landlord to the tenant at the tenant's last known address. Such notice
shall state the name of the tenant, a brief description of the property and
the approximate date on which the landlord intends to sell or otherwise
dispose of such property. If the foregoing requirements are met, the
landlord may sell or otherwise dispose of the property without liability to
the tenant or to any other person who has or claims to have an interest in
such property, except as to any secured creditor who gives notice of
creditor's interest in such property to the landlord prior to the sale or
disposition thereof, if the landlord has no knowledge or notice that any
person, other than the tenant, has or claims to have an interest in such
property. During such 30 [30-day] period after the landlord takes
possession of the property, and at any time prior to sale or other
disposition thereof, the tenant may redeem the property upon payment to the
landlord of the reasonable expenses incurred by the landlord of taking,
holding and preparing the property for sale and of any amount due from the
tenant to the landlord for rent or otherwise.
(e) Any proceeds from the sale or other disposition of the property as
provided in subsection (d) shall be applied by the landlord in the
following order:
(1) To the reasonable expenses of taking, holding, preparing for sale or
disposition, giving notice and selling or disposing thereof;
(2) to the satisfaction of any amount due from the tenant to the landlord
for rent or otherwise; and,
(3) the balance, if any, may be retained by the landlord, without
liability to the tenant or to any other person, other than a secured
creditor who gave notice of creditors interest as provided in subsection
(d), for any profit made as a result of a sale or other disposition of such
property.
(f) Any person who purchases or otherwise receives the property pursuant
to a sale or other disposition of the property as provided under subsection
(d) of this section, without knowledge that such sale or disposition is in
violation of the ownership rights or security interest of a third party in
the property, takes title to the property free and clear of any right,
title, claim or interest of the tenant or such third party in the property.
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.
58-2570. Termination of tenancy; notice; holdover by tenant; remedies;
notice obligating tenant beyond terms of lease agreement, form.
(a) The landlord or the tenant may terminate a week-to-week tenancy by a
written notice given to the other at least seven days prior to the
termination date specified in the notice.
(b) The landlord or the tenant may terminate a month-to-month tenancy by
a written notice given to the other party stating that the tenancy shall
terminate upon a periodic rent-paying date not less than 30 days after the
receipt of the notice, except that not more than 15 days' written notice by
a tenant shall be necessary to terminate any such tenancy where the tenant
is in the military service of the United States and termination of the
tenancy is necessitated by military orders. Any rental agreement for a
definite term of more than 30 days shall not be construed as a
month-to-month tenancy, even though the rent is reserved payable at
intervals of 30 days.
(c) If the tenant remains in possession without the landlord's consent
after expiration of the term of the rental agreement or its termination,
the landlord may bring an action for possession. In addition, if the
tenant's holdover is willful and not in good faith the landlord may recover
an amount not more than 1 1/2 months' periodic rent or not more than 1 1/2
times the actual damages sustained by the landlord, whichever is greater.
If the landlord consents to the tenant's continued occupancy subsection (d)
of K.S.A. 58-2545, and amendments thereto, shall govern.
(d) In any action for possession, the landlord may obtain an order of the
court granting immediate possession of the dwelling unit to the landlord by
filing a motion therefor in accordance with subsection (b) of K.S.A.
60-207, and amendments thereto, and service thereof on the tenant pursuant
to K.S.A. 60-205, and amendments thereto. After a hearing and presentation
of evidence on the motion, and if the judge is satisfied that granting
immediate possession of the dwelling unit to the landlord is in the
interest of justice and will properly protect the interests of all the
parties, the judge may enter or cause to be entered an order for the
immediate restitution of the premises to the landlord upon the landlord
giving an undertaking to the tenant in an amount and with such surety as
the court may require, conditioned for the payment of damages or otherwise
if judgment be entered in favor of the tenant.
(e) If a landlord provides to a tenant a document which, if signed by the
landlord or tenant or both, would constitute the tenant's written notice to
the landlord that the tenant intends to vacate the premises, and if such
document contains any additional terms that are not contained in the rental
agreement between the landlord and tenant, then the document shall include
the following statement in no less than ten-point boldface type: `YOUR
SIGNATURE ON THIS DOCUMENT MAY BIND YOU TO ADDITIONAL TERMS NOT IN YOUR
ORIGINAL LEASE AGREEMENT. IF YOUR LEASE REQUIRES YOU TO GIVE WRITTEN NOTICE
OF YOUR INTENT TO VACATE, YOU HAVE THE RIGHT TO DECLINE TO SIGN THIS
DOCUMENT AND TO PROVIDE WRITTEN NOTICE IN ANOTHER FORM.' If such statement
does not appear in such document, a tenant's signature on such document
shall not bind the tenant to any additional terms that are not contained in
the rental agreement.