Session of 1997
HOUSE BILL No. 2259
By Representative Adkins
9 AN ACT concerning landlords and tenants; relating to breach of the rental
10 agreement; amending K.S.A. 58-2564 and repealing the existing
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 58-2564 is hereby amended to read as follows: 58-
15 2564. (a) Except as otherwise provided in subsection (b) or the residential
16 landlord and tenant act, if there is a material noncompliance by the tenant
17 with the rental agreement or a noncompliance with K.S.A. 58-2555 and
18 amendments thereto materially affecting health and safety, the landlord
19 may deliver a written notice to the tenant specifying the acts and
20 omissions constituting the breach and that the rental agreement will ter-
21 minate upon a date not less than 30 days after receipt of the notice, if
22 the breach is not remedied in 14 days. The rental agreement shall ter-
23 minate as provided in the notice regardless of the periodic rent-paying
24 date, except that if the breach is remediable by repairs or the payment
25 of damages or otherwise, and the tenant adequately initiates a good faith
26 effort to remedy the breach prior to the date specified in the notice, the
27 rental agreement will not terminate. However, in the event that such
28 breach or a similar breach occurs after the 14-day period provided in this
29 subsection, the landlord may deliver a written notice to the tenant that
30 the rental agreement will terminate upon a date not less than 30 days
31 after receipt of the notice without providing the opportunity to remedy
32 the breach. The rental agreement then shall terminate as provided in such
33 notice regardless of the periodic rent-paying date.
34 (b) (1) If there is a breach that is both material and irreparable that
35 occurs on the premises, the landlord may deliver a written notice to the
36 tenant advising such tenant that the rental agreement will be terminated
37 within three days without the opportunity to remedy the breach. Such
38 notice shall be served as provided by subsection (c). The rental agreement
39 then shall terminate as provided in such notice regardless of the periodic
40 rent-paying date.
41 (2) As used in this subsection, ``breach'' includes but is not limited to,
42 a violation of the provisions of article 41 of chapter 65 of the Kansas
43 Statutes Annotated, and amendments thereto, the provisions of article 35
1 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto,
2 a criminal threat, pursuant to K.S.A. 21-3419, and amendments thereto,
3 assault, pursuant to K.S.A. 21-3408, and amendments thereto, assault of
4 a law enforcement officer, pursuant to K.S.A. 21-3409, and amendments
5 thereto, aggravated assault, pursuant to K.S.A. 21-3410, and amendments
6 thereto, aggravated assault of a law enforcement officer, pursuant to
7 K.S.A. 21-3411, and amendments thereto, criminal discharge of a firearm
8 pursuant to K.S.A. 21-4217, and amendments thereto, unauthorized pos-
9 session of a firearm, pursuant to K.S.A. 21-4218, and amendments thereto,
10 criminal discharge of a firearm at an unoccupied dwelling, pursuant to
11 K.S.A. 21-4219, and amendments thereto, or any other breach of the lease
12 agreement that otherwise seriously jeopardizes the health, safety and wel-
13 fare of the landlord, the landlord's agent or tenant or involves imminent
14 or actual serious property damage.
(b) (c) The landlord may terminate the rental agreement if rent is
16 unpaid when due and the tenant fails to pay rent within three days, after
17 written notice by the landlord of nonpayment and such landlord's inten-
18 tion to terminate the rental agreement if the rent is not paid within such
19 three-day period. The three-day notice period provided for in this sub-
20 section shall be computed as three consecutive 24-hour periods. When
21 such notice is served on the tenant or to some person over 12 years of
22 age residing on the premises, or by posting a copy of the notice in a
23 conspicuous place thereon, the three-day period shall commence at the
24 time of delivery or posting. When such notice is delivered by mailing, an
25 additional two days from the date of mailing should be allowed for the
26 tenant to pay such tenant's rent and thereby avoid having the rental agree-
27 ment terminated.
28 (c) (d) Except as otherwise provided in the residential landlord and
29 tenant act, the landlord may recover damages and obtain injunctive relief
30 for any noncompliance by the tenant with the rental agreement or K.S.A.
31 58-2555 and amendments thereto.
32 (d) (e) The provisions of this section shall not limit a landlord's or
33 tenant's right to terminate the rental agreement pursuant to K.S.A. 58-
34 2570, and amendments thereto.
35 Sec. 2. K.S.A. 58-2564 is hereby repealed.
36 Sec. 3. This act shall take effect and be in force from and after its
37 publication in the statute book.