Kansas Statutes 58-2572. Certain retaliatory actions by landlord prohibited; remedies; increased rent, when; action for possession, when
Terms Used In Kansas Statutes 58-2572
- Action: includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. See Kansas Statutes 58-2543
- Dwelling unit: means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household; but such term shall not include real property used to accommodate a manufactured home or mobile home, unless such manufactured home or mobile home is rented or leased by the landlord. See Kansas Statutes 58-2543
- Good faith: means honesty in fact in the conduct of the transaction concerned. See Kansas Statutes 58-2543
- Landlord: means the owner, lessor or sublessor of the dwelling unit, or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by Kan. See Kansas Statutes 58-2543
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Organization: includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity. See Kansas Statutes 58-2543
- Person: includes an individual or organization. See Kansas Statutes 58-2543
- Premises: means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of tenants generally or the use of which is promised to the tenant. See Kansas Statutes 58-2543
- Property: includes personal and real property. See Kansas Statutes 77-201
- Rent: means all payments to be made to the landlord under the rental agreement, other than the security deposit. See Kansas Statutes 58-2543
- Tenant: means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others. See Kansas Statutes 58-2543
(a) Except as otherwise provided in this section, a landlord may not retaliate by increasing rent or decreasing services after:
(1) The tenant has complained to a governmental agency, charged with responsibility for enforcement of a building or housing code, of a violation applicable to the premises materially affecting health and safety; or
(2) the tenant has complained to the landlord of a violation under Kan. Stat. Ann. § 58-2553; or
(3) the tenant has organized or become a member of a tenants’ union or similar organization.
(b) If the landlord acts in violation of subsection (a) of this section, the tenant is entitled to the remedies provided in Kan. Stat. Ann. §§ 58-2563 and has a defense in an action against such tenant for possession.
(c) Notwithstanding the provisions of subsection (a), the landlord may increase the rent of a tenant even though the tenant has complained of a violation as described in clauses (1) or (2) of subsection (a) or has organized or become a member of an organization as described in clause (3) of subsection (a), if such rent increase does not conflict with a lease agreement in effect and is made in good faith to compensate the landlord for expenses incurred as a result of acts of God, public utility service rate increases, property tax increases or other increases in costs of operations.
(d) Notwithstanding subsections (a) and (b), a landlord may bring an action for possession if:
(1) The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person or animal or pet upon the premises with his or her express or implied consent;
(2) the tenant is in default in rent; or
(3) compliance with the applicable building or housing code requires alteration, remodeling or demolition which would effectively deprive the tenant of use of the dwelling unit. The maintenance of an action under this subsection does not release the landlord from liability under subsection (b) of Kan. Stat. Ann. § 58-2559.