Session of 1999
         
HOUSE BILL No. 2436
         
By Representatives Crow, Rehorn, Kuether and Kirk, Barnes, Burroughs,
                 Cox, Flora, Gatewood, Gilbert, Johnston, M. Long, Reardon, Ruff,
                Sharp, Spangler, Swenson, Thimesch, Toelkes and Welshimer
               
2-10
               

11             AN  ACT concerning the residential landlord and tenant act; relating to
12             the termination of the rental agreement; expedited eviction procedure
13             act; amending K.S.A. 58-2543 and 58-2564 and repealing the existing
14             sections.
15      
16       Be it enacted by the Legislature of the State of Kansas:
17             New Section  1. (a) A landlord or the county or district attorney of
18       the county in which a leased premises is located shall have standing to
19       bring an action pursuant to the residential landlord and tenant act.
20             (b) The county or district attorney may recover the costs of the action
21       from the landlord. Costs allowable as provided in this section shall be as
22       provided in subsections (1), (2), (3) and (4) of K.S.A. 60-2003 and amend-
23       ments thereto. In order to recover costs from the landlord, the county or
24       district attorney must request that the landlord first proceed pursuant to
25       the expedited eviction provisions of subsection (b) of K.S.A. 58-2564 and
26       amendments thereto to evict the person conducting the breach. If the
27       landlord fails to proceed pursuant to such expedited eviction provisions
28       and the county or district attorney does proceed pursuant to such expe-
29       dited eviction provisions, the county or district may recover costs from
30       the landlord as provided in this section. If the county or district attorney
31       proceeds pursuant to such expedited eviction provisions without first re-
32       questing the landlord to proceed pursuant to the expedited eviction pro-
33       visions as provided in this subsection, the county or district attorney shall
34       not recover costs from the landlord as provided in this subsection.
35             (c) This section shall be part of and supplemental to the residential
36       landlord and tenant act.
37             Sec.  2. K.S.A. 58-2543 is hereby amended to read as follows: 58-
38       2543. As used in this act: (a) "Action" includes recoupment, counterclaim,
39       setoff, suit in equity and any other proceeding in which rights are deter-
40       mined, including an action for possession.
41             (b) "Building and housing codes" includes any law, ordinance or gov-
42       ernmental regulation concerning fitness for habitation, or the construc-
43       tion, maintenance, operation, occupancy, use or appearance of any prem-

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  1       ises or dwelling unit.
  2             (c) "Dwelling unit" means a structure or the part of a structure that
  3       is used as a home, residence or sleeping place by one person who main-
  4       tains a household or by two or more persons who maintain a common
  5       household; but such term shall not include real property used to accom-
  6       modate a manufactured home or mobile home, unless such manufactured
  7       home or mobile home is rented or leased by the landlord.
  8             (d) "Good faith" means honesty in fact in the conduct of the trans-
  9       action concerned.
10             (e) "Landlord" means the owner, lessor or sublessor of the dwelling
11       unit, or the building of which it is a part, and it also means a manager of
12       the premises who fails to disclose as required by K.S.A. 58-2551 and
13       amendments thereto.
14             (f) "Organization" includes a corporation, government, governmental
15       subdivision or agency, business trust, estate, trust, partnership or associ-
16       ation, two or more persons having a joint or common interest, and any
17       other legal or commercial entity.
18             (g) "Owner" means one or more persons, jointly or severally, in whom
19       is vested: (1) All or part of the legal title to property; or (2) all or part of
20       the beneficial ownership and a right to prevent use and enjoyment of the
21       premises; and such term includes a mortgagee in possession.
22             (h) "Person" includes an individual or organization.
23             (i) "Premises" means a dwelling unit and the structure of which it is
24       a part and facilities and appurtenances therein and grounds, areas and
25       facilities held out for the use of tenants generally or the use of which is
26       promised to the tenant.
27             (j) "Rent" means all payments to be made to the landlord under the
28       rental agreement, other than the security deposit.
29             (k) "Rental agreement" means all agreements, written or oral, and
30       valid rules and regulations adopted under K.S.A. 58-2556 and amend-
31       ments thereto, embodying the terms and conditions concerning the use
32       and occupancy of a dwelling unit and premise.
33             (l) "Roomer" means a person occupying a dwelling unit that lacks a
34       major bathroom and kitchen facility, in a structure where one or more
35       major facilities are used in common by occupants of the dwelling unit
36       and other dwelling units. As used herein, a major bathroom facility means
37       a toilet, and either a bath or shower, and a major kitchen facility means
38       a refrigerator, stove and sink.
39             (m) "Security deposit" means any sum of money specified in a rental
40       agreement, however denominated, to be deposited with a landlord by a
41       tenant as a condition precedent to the occupancy of a dwelling unit, which
42       sum of money, or any part thereof, may be forfeited by the tenant under
43       the terms of the rental agreement upon the occurrence or breach of

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  1       conditions specified therein.
  2             (n) "Single family residence" means a structure maintained and used
  3       as a single dwelling unit. Notwithstanding that a dwelling unit shares one
  4       or more walls with another dwelling unit, it is a single family residence if
  5       it has direct access to a street or thoroughfare and shares neither heating
  6       facilities, hot water equipment, nor any other essential facility or service
  7       with any other dwelling unit.
  8             (o) "Tenant" means a person entitled under a rental agreement to
  9       occupy a dwelling unit to the exclusion of others.
10             (p) "Partial eviction" means the eviction of specified persons from the
11       leased premises.
12             Sec.  3. K.S.A. 58-2564 is hereby amended to read as follows: 58-
13       2564. (a) Except as otherwise provided in the residential landlord and
14       tenant act, if there is a material noncompliance by the tenant with the
15       rental agreement or a noncompliance with K.S.A. 58-2555 and amend-
16       ments thereto materially affecting health and safety, the landlord may
17       deliver a written notice to the tenant specifying the acts and omissions
18       constituting the breach and that the rental agreement will terminate upon
19       a date not less than 30 days after receipt of the notice, if the breach is
20       not remedied in 14 days. The rental agreement shall terminate as pro-
21       vided in the notice regardless of the periodic rent-paying date, except that
22       if the breach is remediable by repairs or the payment of damages or
23       otherwise, and the tenant adequately initiates a good faith effort to rem-
24       edy the breach prior to the date specified in the notice, the rental agree-
25       ment will not terminate. However, in the event that such breach or a
26       similar breach occurs after the 14-day period provided in this subsection,
27       the landlord may deliver a written notice to the tenant that the rental
28       agreement will terminate upon a date not less than 30 days after receipt
29       of the notice without providing the opportunity to remedy the breach.
30       The rental agreement then shall terminate as provided in such notice
31       regardless of the periodic rent-paying date.
32             (b)  (1) If there is a breach as provided in this subsection that is com-
33       mitted by the tenant, a member of the tenant's household, a guest of the
34       tenant or a person under the control of the tenant on or within 1,000 feet
35       of the leased premises, the landlord or the district or county attorney may
36       deliver a written notice to the tenant advising such tenant that the rental
37       agreement will be terminated within three days without the opportunity
38       to remedy the breach. Such notice shall be served as required under sub-
39       section (c) of K.S.A. 58-2564, and amendments thereto. The three-day
40       notice period provided for in this subsection shall be computed as three
41       consecutive 24-hour periods. The rental agreement then shall terminate
42       as provided in such notice regardless of the periodic rent-paying date.
43       Conduct and offenses giving rise to a breach under this subsection shall

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  1       include the execution of a search warrant that produces evidence of or
  2       arrests for violations of K.S.A. 21-3401, 21-3402, 21-3403, 21-3404, 21-
  3       3410, 21-3411, 21-3414, 21-3415, 21-3420, 21-3421, 21-3426, 21-3427,
  4       21-3442, 21-3502, 21-3503, 21-3504, 21-3506, 21-3510, 21-3511, 21-
  5       3512, 21-3513, 21-3515, 21-3516, 21-3517, 21-3518, 21-3715, 21-3716,
  6       21-3718, 21-3719, subsection (b)(1) or (b)(2) of 21-3731, subsection (a)
  7       or (b) of 21-3812, 21-3833, 21-4201, 21-4202, 21-4204, or article 41 of
  8       chapter 65 of the Kansas Statutes Annotated including felonies and mis-
  9       demeanors, and amendments thereto. The law enforcement agency who
10       executes the search warrant or arrest pursuant to this subsection shall
11       notify the landlord in the manner provided in subsection (b)(2) within
12       seven days of executing such search warrant or arrest. The law enforce-
13       ment agency in the jurisdiction where the search warrant was served or
14       the arrest made shall state that if the landlord does not commence an
15       eviction action pursuant to this act, the county or district attorney may
16       proceed to evict the tenant and assess the costs of the action against the
17       landlord. The court may order a partial eviction if the tenant establishes
18       that such tenant was unable to take action to prevent the breach because
19       of verbal or physical coercion by the person conducting the breach. If the
20       court orders a partial eviction of a person conducting the breach as pro-
21       vided in this section, and the person evicted returns to the premises, such
22       conduct shall constitute a breach pursuant to this subsection by the re-
23       maining tenant or tenants and the provisions of this subsection shall apply
24       to the remaining tenant or tenants.
25             (2) Before filing an eviction action, the county or district attorney
26       shall provide the landlord a final notice that an eviction action shall pro-
27       ceed after the expiration of seven days from the date of final notice. Notice
28       as required in this subsection may be served on the landlord, or, if the
29       landlord cannot be found, by leaving a copy thereof at the landlord's usual
30       place of residence, or by delivering a copy thereof to some person over 12
31       years of age residing at the residence, or, if no person is found upon the
32       residence, by posting a copy of the notice in a conspicuous place thereon,
33       or by registered mail, registered mail return receipt requested, or certified
34       mail, return receipt requested, addressed to the landlord at the landlord's
35       usual place of residence. Proof of service by registered mail may be by
36       the affidavit of the person mailing such notice or by the return receipt.
37       Proof of service by certified mail may be by the return receipt. The seven-
38       day notice period provided in this subsection shall be computed as seven
39       consecutive 24-hour periods.
40             (3) The provisions of this subsection, section 1 and subsection (p) of
41       K.S.A. 58-2543 and amendments thereto shall constitute an expedited
42       eviction procedure and shall be known and may be cited as the expedited
43       eviction procedure act.

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  1             (c) The landlord may terminate the rental agreement if rent is unpaid
  2       when due and the tenant fails to pay rent within three days, after written
  3       notice by the landlord of nonpayment and such landlord's intention to
  4       terminate the rental agreement if the rent is not paid within such three-
  5       day period. The three-day notice period provided for in this subsection
  6       shall be computed as three consecutive 24-hour periods. When such no-
  7       tice is served on the tenant or to some person over 12 years of age residing
  8       on the premises, or by posting a copy of the notice in a conspicuous place
  9       thereon, the three-day period shall commence at the time of delivery or
10       posting. When such notice is delivered by mailing, an additional two days
11       from the date of mailing should be allowed for the tenant to pay such
12       tenant's rent and thereby avoid having the rental agreement terminated.
13             (c) (d) Except as otherwise provided in the residential landlord and
14       tenant act, the landlord may recover damages and obtain injunctive relief
15       for any noncompliance by the tenant with the rental agreement or K.S.A.
16       58-2555 and amendments thereto.
17             (d) (e) The provisions of this section shall not limit a landlord's or
18       tenant's right to terminate the rental agreement pursuant to K.S.A. 58-
19       2570, and amendments thereto. 
20       Sec.  4. K.S.A. 58-2543 and 58-2564 are hereby repealed.
21        Sec.  5. This act shall take effect and be in force from and after its
22       publication in the statute book.