Session of 1999
SENATE BILL No. 286
By Committee on Federal and State Affairs
9 AN ACT concerning the residential landlord and tenant act; relating to
10 the termination of the rental agreement; expedited eviction procedure
11 act; amending K.S.A. 58-2543 and 58-2564 and repealing the existing
14 Be it enacted by the Legislature of the State of Kansas:
15 New Section 1. (a) A landlord or the county or district attorney of
16 the county in which a leased premises is located shall have standing to
17 bring an action pursuant to the residential landlord and tenant act.
18 (b) The county or district attorney may recover the costs of the action
19 from the landlord. Costs allowable as provided in this section shall be as
20 provided in subsections (1), (2), (3) and (4) of K.S.A. 60-2003 and amend-
21 ments thereto. In order to recover costs from the landlord, the county or
22 district attorney must request that the landlord first proceed pursuant to
23 the expedited eviction provisions of subsection (b) of K.S.A. 58-2564 and
24 amendments thereto to evict the person conducting the breach. If the
25 landlord fails to proceed pursuant to such expedited eviction provisions
26 and the county or district attorney does proceed pursuant to such expe-
27 dited eviction provisions, the county or district may recover costs from
28 the landlord as provided in this section. If the county or district attorney
29 proceeds pursuant to such expedited eviction provisions without first re-
30 questing the landlord to proceed pursuant to the expedited eviction pro-
31 visions as provided in this subsection, the county or district attorney shall
32 not recover costs from the landlord as provided in this subsection.
33 (c) This section shall be part of and supplemental to the residential
34 landlord and tenant act.
35 Sec. 2. K.S.A. 58-2543 is hereby amended to read as follows: 58-
36 2543. As used in this act: (a) "Action" includes recoupment, counterclaim,
37 setoff, suit in equity and any other proceeding in which rights are deter-
38 mined, including an action for possession.
39 (b) "Building and housing codes" includes any law, ordinance or gov-
40 ernmental regulation concerning fitness for habitation, or the construc-
41 tion, maintenance, operation, occupancy, use or appearance of any prem-
42 ises or dwelling unit.
43 (c) "Dwelling unit" means a structure or the part of a structure that
44 is used as a home, residence or sleeping place by one person who main-
45 tains a household or by two or more persons who maintain a common
46 household; but such term shall not include real property used to accom-
47 modate a manufactured home or mobile home, unless such manufactured
48 home or mobile home is rented or leased by the landlord.
49 (d) "Good faith" means honesty in fact in the conduct of the trans-
50 action concerned.
51 (e) "Landlord" means the owner, lessor or sublessor of the dwelling
52 unit, or the building of which it is a part, and it also means a manager of
53 the premises who fails to disclose as required by K.S.A. 58-2551 and
54 amendments thereto.
55 (f) "Organization" includes a corporation, government, governmental
56 subdivision or agency, business trust, estate, trust, partnership or associ-
57 ation, two or more persons having a joint or common interest, and any
58 other legal or commercial entity.
59 (g) "Owner" means one or more persons, jointly or severally, in whom
60 is vested: (1) All or part of the legal title to property; or (2) all or part of
61 the beneficial ownership and a right to prevent use and enjoyment of the
62 premises; and such term includes a mortgagee in possession.
63 (h) "Person" includes an individual or organization.
64 (i) "Premises" means a dwelling unit and the structure of which it is
65 a part and facilities and appurtenances therein and grounds, areas and
66 facilities held out for the use of tenants generally or the use of which is
67 promised to the tenant.
68 (j) "Rent" means all payments to be made to the landlord under the
69 rental agreement, other than the security deposit.
70 (k) "Rental agreement" means all agreements, written or oral, and
71 valid rules and regulations adopted under K.S.A. 58-2556 and amend-
72 ments thereto, embodying the terms and conditions concerning the use
73 and occupancy of a dwelling unit and premise.
74 (l) "Roomer" means a person occupying a dwelling unit that lacks a
75 major bathroom and kitchen facility, in a structure where one or more
76 major facilities are used in common by occupants of the dwelling unit
77 and other dwelling units. As used herein, a major bathroom facility means
78 a toilet, and either a bath or shower, and a major kitchen facility means
79 a refrigerator, stove and sink.
80 (m) "Security deposit" means any sum of money specified in a rental
81 agreement, however denominated, to be deposited with a landlord by a
82 tenant as a condition precedent to the occupancy of a dwelling unit, which
83 sum of money, or any part thereof, may be forfeited by the tenant under
84 the terms of the rental agreement upon the occurrence or breach of
85 conditions specified therein.
86 (n) "Single family residence" means a structure maintained and used
87 as a single dwelling unit. Notwithstanding that a dwelling unit shares one
88 or more walls with another dwelling unit, it is a single family residence if
89 it has direct access to a street or thoroughfare and shares neither heating
90 facilities, hot water equipment, nor any other essential facility or service
91 with any other dwelling unit.
92 (o) "Tenant" means a person entitled under a rental agreement to
93 occupy a dwelling unit to the exclusion of others.
94 (p) "Partial eviction" means the eviction of specified persons from the
95 leased premises.
96 Sec. 3. K.S.A. 58-2564 is hereby amended to read as follows: 58-
97 2564. (a) Except as otherwise provided in the residential landlord and
98 tenant act, if there is a material noncompliance by the tenant with the
99 rental agreement or a noncompliance with K.S.A. 58-2555 and amend-
100 ments thereto materially affecting health and safety, the landlord may
101 deliver a written notice to the tenant specifying the acts and omissions
102 constituting the breach and that the rental agreement will terminate upon
103 a date not less than 30 days after receipt of the notice, if the breach is
104 not remedied in 14 days. The rental agreement shall terminate as pro-
105 vided in the notice regardless of the periodic rent-paying date, except that
106 if the breach is remediable by repairs or the payment of damages or
107 otherwise, and the tenant adequately initiates a good faith effort to rem-
108 edy the breach prior to the date specified in the notice, the rental agree-
109 ment will not terminate. However, in the event that such breach or a
110 similar breach occurs after the 14-day period provided in this subsection,
111 the landlord may deliver a written notice to the tenant that the rental
112 agreement will terminate upon a date not less than 30 days after receipt
113 of the notice without providing the opportunity to remedy the breach.
114 The rental agreement then shall terminate as provided in such notice
115 regardless of the periodic rent-paying date.
116 (b) (1) If there is a breach as provided in this subsection that is com-
117 mitted by the tenant, a member of the tenant's household, a guest of the
118 tenant or a person under the control of the tenant on or within 1,000 feet
119 of the leased premises, the landlord or the district or county attorney may
120 deliver a written notice to the tenant advising such tenant that the rental
121 agreement will be terminated within three days without the opportunity
122 to remedy the breach. Such notice shall be served as required under sub-
123 section (c) of K.S.A. 58-2564, and amendments thereto. The three-day
124 notice period provided for in this subsection shall be computed as three
125 consecutive 24-hour periods. The rental agreement then shall terminate
126 as provided in such notice regardless of the periodic rent-paying date.
127 Conduct and offenses giving rise to a breach under this subsection shall
128 include the execution of a search warrant that produces evidence of or
129 arrests for violations of K.S.A. 21-3401, 21-3402, 21-3403, 21-3404, 21-
130 3410, 21-3411, 21-3414, 21-3415, 21-3420, 21-3421, 21-3426, 21-3427,
131 21-3442, 21-3502, 21-3503, 21-3504, 21-3506, 21-3510, 21-3511, 21-
132 3512, 21-3513, 21-3515, 21-3516, 21-3517, 21-3518, 21-3715, 21-3716,
133 21-3718, 21-3719, subsection (b)(1) or (b)(2) of 21-3731, subsection (a)
134 or (b) of 21-3812, 21-3833, 21-4201, 21-4202, 21-4204, or article 41 of
135 chapter 65 of the Kansas Statutes Annotated including felonies and mis-
136 demeanors, and amendments thereto. The law enforcement agency who
137 executes the search warrant or arrest pursuant to this subsection shall
138 notify the landlord in the manner provided in subsection (b)(2) within
139 seven days of executing such search warrant or arrest. The law enforce-
140 ment agency in the jurisdiction where the search warrant was served or
141 the arrest made shall state that if the landlord does not commence an
142 eviction action pursuant to this act, the county or district attorney may
143 proceed to evict the tenant and assess the costs of the action against the
144 landlord. The court may order a partial eviction if the tenant establishes
145 that such tenant was unable to take action to prevent the breach because
146 of verbal or physical coercion by the person conducting the breach. If the
147 court orders a partial eviction of a person conducting the breach as pro-
148 vided in this section, and the person evicted returns to the premises, such
149 conduct shall constitute a breach pursuant to this subsection by the re-
150 maining tenant or tenants and the provisions of this subsection shall apply
151 to the remaining tenant or tenants.
152 (2) Before filing an eviction action, the county or district attorney
153 shall provide the landlord a final notice that an eviction action shall pro-
154 ceed after the expiration of seven days from the date of final notice. Notice
155 as required in this subsection may be served on the landlord, or, if the
156 landlord cannot be found, by leaving a copy thereof at the landlord's usual
157 place of residence, or by delivering a copy thereof to some person over 12
158 years of age residing at the residence, or, if no person is found upon the
159 residence, by posting a copy of the notice in a conspicuous place thereon,
160 or by registered mail, registered mail return receipt requested, or certified
161 mail, return receipt requested, addressed to the landlord at the landlord's
162 usual place of residence. Proof of service by registered mail may be by
163 the affidavit of the person mailing such notice or by the return receipt.
164 Proof of service by certified mail may be by the return receipt. The seven-
165 day notice period provided in this subsection shall be computed as seven
166 consecutive 24-hour periods.
167 (3) The provisions of this subsection, section 1 and subsection (p) of
168 K.S.A. 58-2543 and amendments thereto shall constitute an expedited
169 eviction procedure and shall be known and may be cited as the expedited
170 eviction procedure act.
171 (c) The landlord may terminate the rental agreement if rent is unpaid
172 when due and the tenant fails to pay rent within three days, after written
173 notice by the landlord of nonpayment and such landlord's intention to
174 terminate the rental agreement if the rent is not paid within such three-
175 day period. The three-day notice period provided for in this subsection
176 shall be computed as three consecutive 24-hour periods. When such no-
177 tice is served on the tenant or to some person over 12 years of age residing
178 on the premises, or by posting a copy of the notice in a conspicuous place
179 thereon, the three-day period shall commence at the time of delivery or
180 posting. When such notice is delivered by mailing, an additional two days
181 from the date of mailing should be allowed for the tenant to pay such
182 tenant's rent and thereby avoid having the rental agreement terminated.
(c) (d) Except as otherwise provided in the residential landlord and
184 tenant act, the landlord may recover damages and obtain injunctive relief
185 for any noncompliance by the tenant with the rental agreement or K.S.A.
186 58-2555 and amendments thereto.
(d) (e) The provisions of this section shall not limit a landlord's or
188 tenant's right to terminate the rental agreement pursuant to K.S.A. 58-
189 2570, and amendments thereto.
190 Sec. 4. K.S.A. 58-2543 and 58-2564 are hereby repealed.
191 Sec. 5. This act shall take effect and be in force from and after its
192 publication in the statute book.