Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 58-2565 is hereby amended to read as follows: 58- 2565. (a) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of seven days re- quired in K.S.A. 58-2558, and amendments thereto, and the tenant will- fully fails to do so, the landlord may recover actual damages from the tenant.

(b) During any absence of the tenant in excess of thirty (30) 30 days, the landlord may enter the dwelling unit at times reasonably necessary. If, after the tenant is ten (10) 10 days in default for nonpayment of rent and has removed a substantial portion of such tenant's belongings from the dwelling unit, the landlord may assume that the tenant has abandoned the dwelling unit, unless the tenant has notified the landlord to the contrary.

(c) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the dwelling unit for a term beginning prior to the expiration of the rental agreement, it is deemed to be terminated as of the date the new tenancy begins. The rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment, if the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender. If the tenancy is from month-to-month, or week-to-week, the term of the rental agree- ment for this purpose shall be deemed to be a month or a week, as the case may be.

(d) If the tenant abandons or surrenders possession of the dwelling unit and leaves household goods, furnishings, fixtures or any other per- sonal property in or at the dwelling unit or if the tenant is removed from the dwelling unit as a result of a forcible detainer action, pursuant to K.S.A. 61-2301, et seq., and amendment thereto, and fails to remove any household goods, furnishings, fixtures or any other personal property in or at the dwelling unit after possession of the dwelling unit is returned to the landlord, the landlord takes may take possession of the property, store it at tenant's expense and sell or otherwise dispose of the same upon the expiration of thirty (30) 30 days after the landlord takes possession of the property, if at least fifteen (15) 15 days prior to the sale or other dispo- sition of such property the landlord shall publish once in a newspaper of general circulation in the county in which such dwelling unit is located a notice of the landlord's intention to sell or dispose of such property. Within seven (7) days after publication, a copy of the published notice shall be mailed by the landlord to the tenant at the tenant's last known address. Said Such notice shall state the name of the tenant, a brief de- scription of the property and the approximate date on which the landlord intends to sell or otherwise dispose of such property. If the foregoing requirements are met, the landlord may sell or otherwise dispose of the property without liability to the tenant or to any other person who has or claims to have an interest in said such property, except as to any secured creditor who gives notice of his or her creditor's interest in such property to the landlord prior to the sale or disposition thereof, if the landlord has no knowledge or notice that any person, other than the tenant, has or claims to have an interest in said such property. During such thirty-day 30 period after the landlord takes possession of the property, and at any time prior to sale or other disposition thereof, the tenant may redeem the property upon payment to the landlord of the reasonable expenses incurred by the landlord of taking, holding and preparing the property for sale and of any amount due from the tenant to the landlord for rent or otherwise.

(e) Any proceeds from the sale or other disposition of the property as provided in subsection (d) shall be applied by the landlord in the fol- lowing order:

(1) To the reasonable expenses of taking, holding, preparing for sale or disposition, giving notice and selling or disposing thereof;

(2) to the satisfaction of any amount due from the tenant to the land- lord for rent or otherwise; and,

(3) the balance, if any, may be retained by the landlord, without lia- bility to the tenant or to any other person, other than a secured creditor who gave notice of his or her creditors interest as provided in subsection (d), for any profit made as a result of a sale or other disposition of such property.

(f) Any person who purchases or otherwise receives the property pur- suant to a sale or other disposition of the property as provided under subsection (d) of this section, without knowledge that such sale or dis- position is in violation of the ownership rights or security interest of a third party in the property, takes title to the property free and clear of any right, title, claim or interest of the tenant or such third party in the property.

Sec. 2. K.S.A. 58-2565 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its publication in the statute book.

Approved April 3, 1996.