Session of 2000
HOUSE BILL No. 2948
By Representatives Rehorn and Flora
2-9
9 AN ACT
concerning the residential landlord and tenant act; relating to
10 the termination of the
rental agreement; expedited eviction procedure
11 act; amending K.S.A.
58-2543 and 58-2564 and repealing the existing
12 sections.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 New Section
1. (a) A landlord or the county or district attorney of
16 the county in which a leased premises is
located shall have standing to
17 bring an action pursuant to the residential
landlord and tenant act.
18 (b) This section
shall be part of and supplemental to the residential
19 landlord and tenant act.
20 Sec.
2. K.S.A. 58-2543 is hereby amended to read as follows:
58-
21 2543. As used in this act: (a) "Action"
includes recoupment, counterclaim,
22 setoff, suit in equity and any other
proceeding in which rights are deter-
23 mined, including an action for
possession.
24 (b) "Building and
housing codes" includes any law, ordinance or gov-
25 ernmental regulation concerning fitness for
habitation, or the construc-
26 tion, maintenance, operation, occupancy,
use or appearance of any prem-
27 ises or dwelling unit.
28 (c) "Dwelling
unit" means a structure or the part of a structure that
29 is used as a home, residence or sleeping
place by one person who main-
30 tains a household or by two or more persons
who maintain a common
31 household; but such term shall not include
real property used to accom-
32 modate a manufactured home or mobile home,
unless such manufactured
33 home or mobile home is rented or leased by
the landlord.
34 (d) "Good faith"
means honesty in fact in the conduct of the trans-
35 action concerned.
36 (e) "Landlord"
means the owner, lessor or sublessor of the dwelling
37 unit, or the building of which it is a
part, and it also means a manager of
38 the premises who fails to disclose as
required by K.S.A. 58-2551 and
39 amendments thereto.
40
(f) "Organization" includes a corporation, government,
governmental
41 subdivision or agency, business trust,
estate, trust, partnership or associ-
42 ation, two or more persons having a joint
or common interest, and any
43 other legal or commercial entity.
2
1 (g) "Owner"
means one or more persons, jointly or severally, in whom
2 is vested: (1) All or part of the
legal title to property; or (2) all or part of
3 the beneficial ownership and a right
to prevent use and enjoyment of the
4 premises; and such term includes a
mortgagee in possession.
5
(h) "Person" includes an individual or organization.
6
(i) "Premises" means a dwelling unit and the structure of
which it is
7 a part and facilities and
appurtenances therein and grounds, areas and
8 facilities held out for the use of
tenants generally or the use of which is
9 promised to the tenant.
10 (j) "Rent" means
all payments to be made to the landlord under the
11 rental agreement, other than the security
deposit.
12 (k) "Rental
agreement" means all agreements, written or oral, and
13 valid rules and regulations adopted under
K.S.A. 58-2556 and amend-
14 ments thereto, embodying the terms and
conditions concerning the use
15 and occupancy of a dwelling unit and
premise.
16 (l) "Roomer"
means a person occupying a dwelling unit that lacks a
17 major bathroom and kitchen facility, in a
structure where one or more
18 major facilities are used in common by
occupants of the dwelling unit
19 and other dwelling units. As used herein, a
major bathroom facility means
20 a toilet, and either a bath or shower, and
a major kitchen facility means
21 a refrigerator, stove and sink.
22 (m) "Security
deposit" means any sum of money specified in a rental
23 agreement, however denominated, to be
deposited with a landlord by a
24 tenant as a condition precedent to the
occupancy of a dwelling unit, which
25 sum of money, or any part thereof, may be
forfeited by the tenant under
26 the terms of the rental agreement upon the
occurrence or breach of
27 conditions specified therein.
28 (n) "Single
family residence" means a structure maintained and used
29 as a single dwelling unit. Notwithstanding
that a dwelling unit shares one
30 or more walls with another dwelling unit,
it is a single family residence if
31 it has direct access to a street or
thoroughfare and shares neither heating
32 facilities, hot water equipment, nor any
other essential facility or service
33 with any other dwelling unit.
34 (o) "Tenant"
means a person entitled under a rental agreement to
35 occupy a dwelling unit to the exclusion of
others.
36 (p) "Partial
eviction" means the eviction of specified persons from the
37 leased premises.
38 Sec.
3. K.S.A. 58-2564 is hereby amended to read as follows:
58-
39 2564. (a) Except as otherwise provided in
the residential landlord and
40 tenant act, if there is a material
noncompliance by the tenant with the
41 rental agreement or a noncompliance with
K.S.A. 58-2555 and amend-
42 ments thereto materially affecting health
and safety, the landlord may
43 deliver a written notice to the tenant
specifying the acts and omissions
3
1 constituting the breach and that the
rental agreement will terminate upon
2 a date not less than 30 days after
receipt of the notice, if the breach is
3 not remedied in 14 days. The rental
agreement shall terminate as pro-
4 vided in the notice regardless of the
periodic rent-paying date, except that
5 if the breach is remediable by
repairs or the payment of damages or
6 otherwise, and the tenant adequately
initiates a good faith effort to rem-
7 edy the breach prior to the date
specified in the notice, the rental agree-
8 ment will not terminate. However, in
the event that such breach or a
9 similar breach occurs after the
14-day period provided in this subsection,
10 the landlord may deliver a written notice
to the tenant that the rental
11 agreement will terminate upon a date not
less than 30 days after receipt
12 of the notice without providing the
opportunity to remedy the breach.
13 The rental agreement then shall terminate
as provided in such notice
14 regardless of the periodic rent-paying
date.
15 (b)
(1) If there is a breach as provided in this subsection
that is com-
16 mitted by the tenant, a member of the
tenant's household, a guest of the
17 tenant or a person under the control of
the tenant on or within 1,000 feet
18 of the leased premises, the landlord or
the district or county attorney may
19 deliver a written notice to the tenant
advising such tenant that the land-
20 lord may terminate the rental agreement
within three days without the
21 opportunity to remedy the breach or that
the district or county attorney
22 shall commence an eviction action as
provided in this act. Such notice
23 shall be served as required under
subsection (c) of K.S.A. 58-2564, and
24 amendments thereto. The three-day notice
period provided for in this
25 subsection shall be computed as three
consecutive 24-hour periods. Con-
26 duct and offenses giving rise to a
breach under this subsection shall in-
27 clude the execution of a search warrant
that produces evidence of or
28 arrests for violations of article 41 of
chapter 65 of the Kansas Statutes
29 Annotated including felonies and
misdemeanors, and amendments
30 thereto. Such conduct and offenses
giving rise to the breach pursuant to
31 this section must be proven by a
preponderance of the evidence at the
32 eviction action pursuant to K.S.A.
61-2301 et seq., and amendments
33 thereto. The law enforcement agency who
executes the search warrant or
34 arrest pursuant to this subsection shall
notify the landlord in the manner
35 provided in subsection (b)(2) within
seven days of executing such search
36 warrant or arrest. The law enforcement
agency in the jurisdiction where
37 the search warrant was served or the
arrest made shall state that if the
38 landlord does not commence an eviction
action pursuant to this act, the
39 county or district attorney may proceed
to evict the tenant. The court may
40 order a partial eviction if the tenant
establishes that such tenant was
41 unable to take action to prevent the
breach because of verbal or physical
42 coercion by the person conducting the
breach or that the tenant was
43 without knowledge of the breach. If the
court orders a partial eviction of
4
1 a person conducting the breach as
provided in this section, and the person
2 evicted returns to the premises,
such conduct shall constitute a breach
3 pursuant to this subsection by the
remaining tenant or tenants and the
4 provisions of this subsection
shall apply to the remaining tenant or
5 tenants.
6
(2) Before filing an eviction action, the county or district
attorney
7 shall provide the landlord a final
notice that an eviction action shall pro-
8 ceed after the expiration of seven
days from the date of final notice. Notice
9 as required in this subsection may
be served on the landlord, or, if the
10 landlord cannot be found, by leaving a
copy thereof at the landlord's usual
11 place of residence, or by delivering a
copy thereof to some person over 12
12 years of age residing at the residence,
or, if no person is found upon the
13 residence, by posting a copy of the
notice in a conspicuous place thereon,
14 or by registered mail, registered mail
return receipt requested, or certified
15 mail, return receipt requested,
addressed to the landlord at the landlord's
16 usual place of residence. Proof of
service by registered mail may be by
17 the affidavit of the person mailing such
notice or by the return receipt.
18 Proof of service by certified mail may
be by the return receipt. The seven-
19 day notice period provided in this
subsection shall be computed as seven
20 consecutive 24-hour periods.
21 (3) The
provisions of this subsection, section 1 and subsection (p)
of
22 K.S.A. 58-2543 and amendments thereto
shall constitute an expedited
23 eviction procedure and shall be known
and may be cited as the expedited
24 eviction procedure act.
25 (c) The
landlord may terminate the rental agreement if rent is unpaid
26 when due and the tenant fails to pay rent
within three days, after written
27 notice by the landlord of nonpayment and
such landlord's intention to
28 terminate the rental agreement if the rent
is not paid within such three-
29 day period. The three-day notice period
provided for in this subsection
30 shall be computed as three consecutive
24-hour periods. When such no-
31 tice is served on the tenant or to some
person over 12 years of age residing
32 on the premises, or by posting a copy of
the notice in a conspicuous place
33 thereon, the three-day period shall
commence at the time of delivery or
34 posting. When such notice is delivered by
mailing, an additional two days
35 from the date of mailing should be allowed
for the tenant to pay such
36 tenant's rent and thereby avoid having the
rental agreement terminated.
37 (c)
(d) Except as otherwise provided in the residential
landlord and
38 tenant act, the landlord may recover
damages and obtain injunctive relief
39 for any noncompliance by the tenant with
the rental agreement or K.S.A.
40 58-2555 and amendments thereto.
41 (d)
(e) The provisions of this section shall not limit a
landlord's or
42 tenant's right to terminate the rental
agreement pursuant to K.S.A. 58-
43 2570, and amendments thereto.
5
1 Sec. 4. K.S.A. 58-2543 and
58-2564 are hereby repealed.
2 Sec. 5. This act
shall take effect and be in force from and after its
3 publication in the statute book.