Session of 1998
                   
HOUSE BILL No. 2823
         
By Committee on Judiciary
         
2-4
            9             AN ACT concerning the residential landlord and tenant act; relating to
10             the termination of the rental agreement; amending K.S.A. 58-2543,
11             58-2547 and 58-2564 and repealing the existing sections.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           New Section 1. (a) A landlord or the county or district attorney of
15       the county in which the leased premises is located shall have standing to
16       bring an action pursuant to the residential landlord and tenant act.
17           (b) The county or district attorney may recover the costs of the action,
18       including only court costs, eviction costs for the landlord and attorney
19       fees. Such costs may be recovered from the landlord, tenant, member of
20       the tenant's household, guest of the tenant or person under the control
21       of the tenant, as determined by the court.
22           (c) This section shall be part of and supplemental to the residential
23       landlord and tenant act.
24           Sec. 2. K.S.A. 58-2543 is hereby amended to read as follows: 58-
25       2543. As used in this act: (a) ``Action'' includes recoupment, counterclaim,
26       setoff, suit in equity and any other proceeding in which rights are deter-
27       mined, including an action for possession.
28           (b) ``Building and housing codes'' includes any law, ordinance or gov-
29       ernmental regulation concerning fitness for habitation, or the construc-
30       tion, maintenance, operation, occupancy, use or appearance of any prem-
31       ises or dwelling unit.
32           (c) ``Dwelling unit'' means a structure or the part of a structure that
33       is used as a home, residence or sleeping place by one person who main-
34       tains a household or by two or more persons who maintain a common
35       household; but such term shall not include real property used to accom-
36       modate a manufactured home or mobile home, unless such manufactured
37       home or mobile home is rented or leased by the landlord.
38           (d) ``Good faith'' means honesty in fact in the conduct of the trans-
39       action concerned.
40           (e) ``Landlord'' means the owner, lessor or sublessor of the dwelling
41       unit, or the building of which it is a part, and it also means a manager of
42       the premises who fails to disclose as required by K.S.A. 58-2551 and
43       amendments thereto.

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  1           (f) ``Organization'' includes a corporation, government, governmental
  2       subdivision or agency, business trust, estate, trust, partnership or associ-
  3       ation, two or more persons having a joint or common interest, and any
  4       other legal or commercial entity.
  5           (g) ``Owner'' means one or more persons, jointly or severally, in whom
  6       is vested: (1) All or part of the legal title to property; or (2) all or part of
  7       the beneficial ownership and a right to prevent use and enjoyment of the
  8       premises; and such term includes a mortgagee in possession.
  9           (h) ``Person'' includes an individual or organization.
10           (i) ``Premises'' means a dwelling unit and the structure of which it is
11       a part and facilities and appurtenances therein and grounds, areas and
12       facilities held out for the use of tenants generally or the use of which is
13       promised to the tenant.
14           (j) ``Rent'' means all payments to be made to the landlord under the
15       rental agreement, other than the security deposit.
16           (k) ``Rental agreement'' means all agreements, written or oral, and
17       valid rules and regulations adopted under K.S.A. 58-2556 and amend-
18       ments thereto, embodying the terms and conditions concerning the use
19       and occupancy of a dwelling unit and premise.
20           (l) ``Roomer'' means a person occupying a dwelling unit that lacks a
21       major bathroom and kitchen facility, in a structure where one or more
22       major facilities are used in common by occupants of the dwelling unit
23       and other dwelling units. As used herein, a major bathroom facility means
24       a toilet, and either a bath or shower, and a major kitchen facility means
25       a refrigerator, stove and sink.
26           (m) ``Security deposit'' means any sum of money specified in a rental
27       agreement, however denominated, to be deposited with a landlord by a
28       tenant as a condition precedent to the occupancy of a dwelling unit, which
29       sum of money, or any part thereof, may be forfeited by the tenant under
30       the terms of the rental agreement upon the occurrence or breach of
31       conditions specified therein.
32           (n) ``Single family residence'' means a structure maintained and used
33       as a single dwelling unit. Notwithstanding that a dwelling unit shares one
34       or more walls with another dwelling unit, it is a single family residence if
35       it has direct access to a street or thoroughfare and shares neither heating
36       facilities, hot water equipment, nor any other essential facility or service
37       with any other dwelling unit.
38           (o) ``Tenant'' means a person entitled under a rental agreement to
39       occupy a dwelling unit to the exclusion of others.
40           (p) ``Partial eviction'' means the eviction and removal of specified per-
41       sons other than the tenant from a leased premises.
42           Sec. 3. K.S.A. 58-2547 is hereby amended to read as follows: 58-
43       2547. (a) No rental agreement may provide that the tenant or landlord:

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  1           (1) Agrees to waive or to forego rights or remedies under this act;
  2           (2) authorizes any person to confess judgment on a claim arising out
  3       of the rental agreement;
  4           (3) agrees to pay either party's attorneys' fees except as provided in
  5       section 1, and amendments thereto; or
  6           (4) agrees to the exculpation or limitation of any liability of either
  7       party arising under law or to indemnify either party for that liability or
  8       the costs connected therewith, except that a rental agreement may pro-
  9       vide that a tenant agrees to limit the landlord's liability for fire, theft or
10       breakage with respect to common areas of the dwelling unit.
11           (b) A provision prohibited by subsection (a) included in a rental
12       agreement is unenforceable. If a landlord deliberately uses a rental agree-
13       ment containing provisions known by such landlord to be prohibited, the
14       tenant may recover actual damages sustained by such tenant.
15           Sec. 4. K.S.A. 58-2564 is hereby amended to read as follows: 58-
16       2564. (a) Except as otherwise provided in the residential landlord and
17       tenant act, if there is a material noncompliance by the tenant with the
18       rental agreement or a noncompliance with K.S.A. 58-2555 and amend-
19       ments thereto materially affecting health and safety, the landlord may
20       deliver a written notice to the tenant specifying the acts and omissions
21       constituting the breach and that the rental agreement will terminate upon
22       a date not less than 30 7 days after receipt of the notice, if the breach is
23       not remedied in 14 7 days. The rental agreement shall terminate as pro-
24       vided in the notice regardless of the periodic rent-paying date, except that
25       if the breach is remediable by repairs or the payment of damages or
26       otherwise, and the tenant adequately initiates a good faith effort to rem-
27       edy the breach prior to the date specified in the notice, the rental agree-
28       ment will not terminate. However, in the event that such breach or a
29       similar breach occurs after the 14-day 7-day period provided in this sub-
30       section, the landlord may deliver a written notice to the tenant that the
31       rental agreement will terminate upon a date not less than 30 7 days after
32       receipt of the notice without providing the opportunity to remedy the
33       breach. The rental agreement then shall terminate as provided in such
34       notice regardless of the periodic rent-paying date.
35           (b) (1) If there is a breach as provided in this subsection that is both
36       material and irreparable that is committed by the tenant, a member of
37       the tenant's household, a guest of the tenant or a person under the control
38       of the tenant on or within 1000 feet of the leased premises, the landlord
39       or the district or county attorney may deliver a written notice to the tenant
40       advising such tenant that the rental agreement will be terminated within
41       three days without the opportunity to remedy the breach. Such notice
42       shall be served as required under subsection (c) of K.S.A. 58-2564, and
43       amendments thereto. The three-day notice period provided for in this

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  1       subsection shall be computed as three consecutive 24-hour periods. The
  2       rental agreement then shall terminate as provided in such notice regard-
  3       less of the periodic rent-paying date. Conduct and offenses giving rise to
  4       a breach under this subsection shall include arrests for violations of K.S.A.
  5       21-3401, 21-3402, 21-3403, 21-3404, 21-3410, 21-3411, 21-3414, 21-
  6       3415, 21-3420, 21-3421, 21-3422a, 21-3426, 21-3427, 21-3442, 21-3502,
  7       21-3503, 21-3504, 21-3506, 21-3510, 21-3511, 21-3512, 21-3513, 21-
  8       3515, 21-3516, 21-3517, 21-3518, 21-3602, 21-3603, 21-3715, 21-3716,
  9       21-3718, 21-3719, subsection (b)(1) or (b)(2) of 21-3720, subsection (b)(1)
10       or (b)(2) of 21-3731, subsection (a) or (b) of 21-3812, 21-3833, 21-4201,
11       21-4202, 21-4204, or article 41 of chapter 65 of the Kansas Statutes An-
12       notated including felonies and misdemeanors, and amendments thereto,
13       or any other breach of the lease agreement that otherwise seriously jeop-
14       ardizes the health, safety and welfare of the landlord, the landlord's agent
15       or other tenant or involves imminent or actual serious property damage.
16       The court may order a partial eviction if the tenant establishes that such
17       tenant was unable to take action to prevent the breach because of verbal
18       or physical coercion by the person conducting the breach.
19           (2) Within two days of delivering a written notice to the tenant pur-
20       suant to this subsection, the district or county attorney shall notify the
21       landlord of such breach. Notice as required in this subsection may be
22       served on the landlord, or, if the landlord cannot be found, by leaving a
23       copy thereof at the landlord's usual place of residence, or by delivering a
24       copy thereof to some person over 12 years of age residing at the residence,
25       or, if no person is found upon the residence, by posting a copy of the
26       notice in a conspicuous place thereon, or by registered mail, registered
27       mail return receipt requested, or certified mail, return receipt requested,
28       addressed to the landlord at the landlord's usual place of residence. Proof
29       of service by registered mail may be by the affidavit of the person mailing
30       such notice or by the return receipt. Proof of service by certified mail may
31       be by the return receipt. The two-day notice period provided in this sub-
32       section shall be computed as two consecutive 24-hour periods.
33           (c) The landlord may terminate the rental agreement if rent is unpaid
34       when due and the tenant fails to pay rent within three days, after written
35       notice by the landlord of nonpayment and such landlord's intention to
36       terminate the rental agreement if the rent is not paid within such
37       three-day period. The three-day notice period provided for in this sub-
38       section shall be computed as three consecutive 24-hour periods. When
39       such notice is served on the tenant or to some person over 12 years of
40       age residing on the premises, or by posting a copy of the notice in a
41       conspicuous place thereon, the three-day period shall commence at the
42       time of delivery or posting. When such notice is delivered by mailing, an
43       additional two days from the date of mailing should be allowed for the

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  1       tenant to pay such tenant's rent and thereby avoid having the rental agree-
  2       ment terminated.
  3           (c) (d) Except as otherwise provided in the residential landlord and
  4       tenant act, the landlord may recover damages and obtain injunctive relief
  5       for any noncompliance by the tenant with the rental agreement or K.S.A.
  6       58-2555 and amendments thereto.
  7           (d) (e) The provisions of this section shall not limit a landlord's or
  8       tenant's right to terminate the rental agreement pursuant to K.S.A. 58-
  9       2570, and amendments thereto.
10           Sec. 5. K.S.A. 58-2543, 58-2547 and 58-2564 are hereby repealed.
11           Sec. 6. This act shall take effect and be in force from and after its
12       publication in the statute book.
13      
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