CHAPTER 103 SENATE BILL No. 15 An Act concerning the residential landlord and tenant act; notice of termination of tenancy;
amending K.S.A. 58-2570 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 58-2570 is hereby amended to read as follows: 58-
2570. (a) The landlord or the tenant may terminate a week-to-week ten-
ancy by a written notice given to the other at least seven days prior to the
termination date specified in the notice.

      (b) The landlord or the tenant may terminate a month-to-month ten-
ancy by a written notice given to the other party stating that the tenancy
shall terminate upon a periodic rent-paying date not less than thirty (30)
30 days after the receipt of the notice, except that not more than fifteen
(15) 15 days' written notice by a tenant shall be necessary to terminate
any such tenancy where the tenant is in the military service of the United
States and termination of the tenancy is necessitated by military orders.
Any rental agreement for a definite term of more than thirty (30) 30 days
shall not be construed as a month-to-month tenancy, even though the
rent is reserved payable at intervals of thirty (30) 30 days.

      (c) If the tenant remains in possession without the landlord's consent
after expiration of the term of the rental agreement or its termination,
the landlord may bring an action for possession, and. In addition, if the
tenant's holdover is willful and not in good faith the landlord, in addition,
may recover an amount not more than one and one-half (11/2) 11/2 months'
periodic rent or not more than one and one-half (11/2) 11/2 times the actual
damages sustained by the landlord, whichever is greater. If the landlord
consents to the tenant's continued occupancy subsection (d) of K.S.A. 58-
2545, and amendments thereto, shall govern.

      (d) In any action for possession, the landlord may obtain an order of
the court granting immediate possession of the dwelling unit to the land-
lord by filing a motion therefor in accordance with subsection (b) of
K.S.A. 60-207, and amendments thereto, and service thereof on the tenant
pursuant to K.S.A. 60-205, and amendments thereto. After a hearing and
presentation of evidence on the motion, and if the judge is satisfied that
granting immediate possession of the dwelling unit to the landlord is in
the interest of justice and will properly protect the interests of all the
parties, the judge may enter or cause to be entered an order for the
immediate restitution of the premises to the landlord upon the landlord
giving an undertaking to the tenant in an amount and with such surety as
the court may require, conditioned for the payment of damages or oth-
erwise if judgment be entered in favor of the tenant.

      (e) If a landlord provides to a tenant a document which, if signed by
the landlord or tenant or both, would constitute the tenant's written notice
to the landlord that the tenant intends to vacate the premises, and if such
document contains any additional terms that are not contained in the
rental agreement between the landlord and tenant, then the document
shall include the following statement in no less than ten-point boldface
type: `YOUR SIGNATURE ON THIS DOCUMENT MAY BIND YOU
TO ADDITIONAL TERMS NOT IN YOUR ORIGINAL LEASE
AGREEMENT. IF YOUR LEASE REQUIRES YOU TO GIVE WRIT-
TEN NOTICE OF YOUR INTENT TO VACATE, YOU HAVE THE
RIGHT TO DECLINE TO SIGN THIS DOCUMENT AND TO PRO-
VIDE WRITTEN NOTICE IN ANOTHER FORM.' If such statement
does not appear in such document, a tenant's signature on such document
shall not bind the tenant to any additional terms that are not contained
in the rental agreement.

 Sec.  2. K.S.A. 58-2570 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 21, 2003.
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