Kansas Statutes 58-25,125. Certain retaliatory actions by landlord prohibited, remedies; increased rent, when; action for possession, when
Terms Used In Kansas Statutes 58-25,125
- 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
- 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
- Mobile home: means a structure which:
(1) Is transportable in one or more sections which, in the traveling mode, is 8 body feet or more in width and 36 body feet or more in length and is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; and
(2) is not subject to the federal manufactured home construction and safety standards established pursuant to 42 U. See Kansas Statutes 77-201
- 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
- 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) Except as provided in this section, a landlord shall not retaliate by increasing rent or decreasing services or by failing to renew a rental agreement after any of the following:
(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 mobile home park materially affecting health and safety;
(2) the tenant has complained to the landlord of a violation under Kan. Stat. Ann. § 58-25,111; or
(3) the tenant has organized or become a member of a tenant’s union or similar organization.
(b) If the landlord acts in violation of subsection (a), the tenant is entitled to the remedies provided in Kan. Stat. Ann. § 58-25,119 and has a defense in an action 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 clause (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 either of the following occurs:
(1) The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person upon the premises with the tenant’s consent.
(2) The tenant is in default of rent three days after rent is due. The maintenance of the action does not release the landlord from liability under subsection (b) of Kan. Stat. Ann. § 58-25,117.