Landlords, renters share responsibilities to maintain safe conditions

Here are a few requirements for landlords and tenants under state law, according to the Kansas Tenants Union.

Landlord’s duties

  • Comply with the requirements of applicable building and housing codes materially affecting health and safety.
  • Exercise reasonable care in the maintenance of common areas.
  • Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilation and air conditioning systems, and appliances supplied or required to be supplied by the landlord.
  • Provide and maintain on the grounds, for the common use by all tenants, appropriate receptacles for the removal of garbage and waste incidental to occupancy of the dwelling unit and arrange for their removal.
  • Supply running water, reasonable amounts of hot water at all times and reasonable heat, except where the heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.
  • The security deposit can be one month’s rent for an unfurnished apartment; 1 1/2 months for furnished and an added 1/2 month for pets. The landlord must return the deposit within 30 days or the remainder of the deposit and an itemized list of deductions. If the landlord doesn’t comply, tenants may sue for 1 1/2 times the security deposit in small claims court if the amount is less than $1,800.
  • The landlord may enter the residence, but only during “reasonable” hours, and tenants are allowed reasonable notice unless an emergency has occurred. The landlord cannot lock out a tenant or diminish services because of nonpayment of rent without obtaining a court-ordered eviction.

Tenant’s duties

  • Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety.
  • Keep that part of the premises under tenant’s control, including plumbing fixtures, as clean and safe as the condition of the premises permits.
  • Remove from tenant’s dwelling unit all waste in a clean and safe manner.
  • Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilation, air conditioning and other facilities and appliances in the premises.
  • 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 on the premises at any time with the express or implied permission or consent of the tenant.
  • Do not engage in conduct or allow any person or animal 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.
  • Give 30 days notice prior to moving, in writing, and tenancy will end on the next rent-paying day; the landlord may do the same.
  • Remove all property before vacating because the landlord has the right to sell anything left behind after making an honest effort to notify the tenant.

— Source: Kansas Tenants Union