Brief(1)
H.B. 2222 would amend K.S.A. 61-2305 to allow a landlord to file an action for possession of premises only and then pursue a claim for rent in a subsequent action. Current law requires that any rent which is due at the time of filing must be included in the action for possession or the claim for rent must be waived.
Background
The bill was requested by the Kansas Credit Attorneys Association (KCAA). Elwaine Pomeroy testified on behalf of the KCAA in support of H.B. 2222. The conferee testified that the current law creates a contradiction between the state and federal law in eviction matters. Attorneys who handle eviction matters are considered debt collectors under the federal Fair Debt Collection Practices Act (15 U.S.C. Sec, 1692, et seq.). Federal law requires a debt collector to wait a minimum of 30 days after first contact with a debtor before taking any action. This contradiction would mean that an attorney handling an eviction must either wait 30 days after making initial contact or bring an action for possession only and waive the claim for rent.
According to the conferee, it is detrimental to landlords to wait 30 days to evict a delinquent tenant. Immediate action is necessary for a landlord to stop the loss. It also is detrimental for landlords to waive otherwise legitimate claims for rent.
The bill has a possible fiscal impact on the state. The passage of this bill could increase the number of actions filed due to the ability of a landlord to file multiple actions against the tenant. The Division of the Budget estimated that the four urban counties could experience a serious fiscal impact if the caseloads doubled, which is possible according to the bill's provisions. Although the increase in caseload would result in an increase in the amount of judicial and clerical time spent to hear and process cases, no specific impact on the budget of the Judiciary can be determined at this time.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.