SB 231--
Session of 1997
By Committee on Elections and Local Government

9 AN ACT concerning the residential landlord and tenant act; relating to 10 termination of rental agreement; amending K.S.A. 58-2564 and re- 11 pealing the existing section. 12 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) If there is a breach as provided in this subsection that is both 35 material and irreparable that occurs on the premises, the landlord may 36 deliver a written notice to the tenant advising them that the rental agree- 37 ment will be terminated within three days without the opportunity to 38 remedy the breach. Such notice shall be served as required under subsec- 39 tion (c) of K.S.A. 58-2564 and amendments thereto. The rental agreement 40 then shall terminate as provided in such notice regardless of the periodic 41 rent-paying date. As used in this subsection, ``breach'' shall include, but 42 not be limited to, illegal drug activity as prohibited by the uniform con- 43 trolled substances act; any sex offense as prohibited in article 35 of chapter SB 231

 1  21 of the Kansas statutes annotated and amendments thereto, including
 2  but not limited to prostitution as defined in K.S.A. 21-3512 and amend-
 3  ments thereto; any criminal threat as prohibited in K.S.A. 21-3419 and
 4  amendments thereto; assault as prohibited in K.S.A. 21-3408 through 21-
 5  3411 and amendments thereto; the unlawful discharge or unauthorized
 6  possession of firearms as prohibited in K.S.A. 21-4217 through 21-4219
 7  and amendments thereto; on or near the dwelling unit premises, or any
 8  other breach of the lease agreement that otherwise seriously jeopardizes
 9  the health, safety and welfare of the landlord, the landlord's agent or other
10  tenant or involves imminent or actual serious property damage.
11    (c)  The landlord may terminate the rental agreement if rent is unpaid
12  when due and the tenant fails to pay rent within three days, after written
13  notice by the landlord of nonpayment and such landlord's intention to
14  terminate the rental agreement if the rent is not paid within such three-
15  day period. The three-day notice period provided for in this subsection
16  shall be computed as three consecutive 24-hour periods. When such no-
17  tice is served on the tenant or to some person over 12 years of age residing
18  on the premises, or by posting a copy of the notice in a conspicuous place
19  thereon, the three-day period shall commence at the time of delivery or
20  posting. When such notice is delivered by mailing, an additional two days
21  from the date of mailing should be allowed for the tenant to pay such
22  tenant's rent and thereby avoid having the rental agreement terminated.
23    (c)(d)  Except as otherwise provided in the residential landlord and
24  tenant act, the landlord may recover damages and obtain injunctive relief
25  for any noncompliance by the tenant with the rental agreement or K.S.A.
26  58-2555 and amendments thereto.
27    (d)(e)  The provisions of this section shall not limit a landlord's or
28  tenant's right to terminate the rental agreement pursuant to K.S.A. 58-
29  2570, and amendments thereto.
30    Sec. 2.  K.S.A. 58-2564 is hereby repealed.
31    Sec. 3.  This act shall take effect and be in force from and after its
32  publication in the statute book.