Free Kansas Rental Lease Agreement


Sample Kansas Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___.

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, Kansas, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of Kansas, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of Kansas.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of Kansas (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of Kansas, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, Kansas, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, Kansas, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

Kansas Rental Lease Agreement

The state of Kansas has set in place laws that govern landlords and tenants in residential rental units. Before leasing property, an understanding of the laws is essential.

  • The Official Rules and Regulations

    • The Kansas Residential Landlord & Tenant Act – Kan. Stat. Ann. §§ 58-2501 – 58-2573

    • Kansas Mobile Home Parks Residential Landlord and Tenant Act – Kan. Stat. Ann. §§ 58-25,100 – 58-25,126

  • Security Deposit

    • The security deposit maximum is one month’s rent for the unfurnished units and one and a half month’s tent for the furnished units.

    • Separate pet deposits are allowed if pets are allowed in the units.

    • There are no statutes governing security deposit interests, separate security deposit bank account and non-refundable fees.

    • The deadline for returning the security deposit is 14 days of the landlord determining the amount of deposit withholding. The return shouldn’t exceed 30 days from the day of termination of the tenancy.

    • Some of the permitted uses of the deposit include:

      • The payment of the rent owned

      • Damages which the landlord suffers due to noncompliance.

    • No statute states whether or not a written description of the itemized list of damages and charges is required.

    • There is no statute stipulating record keeping of the deposit withholdings or the receipt of deposit.

    • Failure to comply with the rules of the security deposit return gives the tenant rights to sue for recovery of the portion of the deposit.

  • Lease, Rent, and Fees

    • Rent is due at the beginning of any term unless agreed otherwise.

    • Rent increase notice is issued as stated in the lease

    • There is no statute for prepaid rent

    • Returned check fees cost $30

    • There is no statute highlighting is a tenant can withhold rent if the landlord fails to provide essential services. However, in case of landlord violations, the tenant can terminate the agreement with a 30-day written notice providing 14 days for the landlord to remedy.

    • There is no statute stipulating is the tenant can repair and deduct rent.

    • The landlord can recover the court and the attorney fees

    • The landlord must make reasonable attempts to mitigate damages to the lessee, including any attempts to re-rent.

    • There is no statute for abandonment or the early termination fees

  • Notices and Entry

    • In fixed-end date leases, there are no notices given

    • In yearly leases with end-dates, especially in non-farm tenancies, yearly leases are terminated with a 30-day written notice before the end of the year.

    • In monthly leases, you have to give a 30-day termination notice before the periodic rent-paying date unless you work in the US military service where the military orders necessitate termination.

    • For weekly leases, a 7-day termination notice is required before the termination date specified in the notice.

    • For 24-hour termination notices, there is no statute

    • Notice of date/ time of move-out inspection is given within five days of moving in, and the tenant or the landlord’s representative must be present during the inspection.

    • The notice of termination for nonpayment of tenancies longer than three months is ten days and three days for non-payment tenancies less than three months.

    • In case of termination for the violation of the lease, the landlord may give a written notice to describe the violation while stating that the agreement will terminate in 30 days if the violation isn’t remedied within 14 days. If there is a second violation within six months of the first violation, the landlord will terminate the agreement with a 30-day written notice to specify the breach and the date of the agreement.

    • The landlord must give the tenants reasonable notice before entry at a reasonable hour before entry

    • Entry is allowed with notice for non-emergency maintenance and repairs, as well as showings.

    • Also, emergency entry is allowed without notice in case of extreme hazards that involve life or severe property damage.

    • Entry is allowed in case of a tenant’s extended absence. This should be in the Kansas rental lease agreement.

    • There is no statute as to whether a notice should be given for pesticide use

    • Lockout and utility shutoffs are allowed

Disclosures and Miscellaneous Notes

This section has details for names and addresses, a copy of leases, domestic violence situations, landlord’s duties, tenant’s duties, lead disclosure and retaliation.

Court Related

Kansas Small Claims Court sets the limits to $4,000 but, the eviction cases aren’t allowed.

In the statute of limitations, the lease agreement is viable for five years if written and three years if oral.

  • You can get help from

    • Kansas Judiciary

    • Kansas Attorney General

    • Kansas Bar Association

    • Legal Aid

  • Business Licenses

  • There is no statewide statute, but counties and cities may have regulations and requirement for business licenses.

    If you’d like to fill a rental lease agreement in Kansas, fill our lease agreement form today.

Sample

KS Rental Lease Agreement

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