Kansas Statutes 58-25,123. Termination of tenancy; holdover by tenant; remedies
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Terms Used In Kansas Statutes 58-25,123
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Rent: means all payments to be made to the landlord under the rental agreement, other than the security deposit. See Kansas Statutes 58-2543
- Rental agreement: means all agreements, written or oral, and valid rules and regulations adopted under Kan. 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) The landlord may terminate a tenancy only as provided in this act.
(b) 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. If the tenant’s holdover is willful and not in good faith the landlord in addition may recover an amount not to exceed 1?1/2 months’ periodic rent or 1?1/2 the actual damages sustained by the landlord, whichever is greater.