Session of 2000
By Representatives Rehorn and Flora

  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
12             sections.
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) This section shall be part of and supplemental to the residential
19       landlord and tenant act.
20             Sec.  2. K.S.A. 58-2543 is hereby amended to read as follows: 58-
21       2543. As used in this act: (a) "Action" includes recoupment, counterclaim,
22       setoff, suit in equity and any other proceeding in which rights are deter-
23       mined, including an action for possession.
24             (b) "Building and housing codes" includes any law, ordinance or gov-
25       ernmental regulation concerning fitness for habitation, or the construc-
26       tion, maintenance, operation, occupancy, use or appearance of any prem-
27       ises or dwelling unit.
28             (c) "Dwelling unit" means a structure or the part of a structure that
29       is used as a home, residence or sleeping place by one person who main-
30       tains a household or by two or more persons who maintain a common
31       household; but such term shall not include real property used to accom-
32       modate a manufactured home or mobile home, unless such manufactured
33       home or mobile home is rented or leased by the landlord.
34             (d) "Good faith" means honesty in fact in the conduct of the trans-
35       action concerned.
36             (e) "Landlord" means the owner, lessor or sublessor of the dwelling
37       unit, or the building of which it is a part, and it also means a manager of
38       the premises who fails to disclose as required by K.S.A. 58-2551 and
39       amendments thereto.
40             (f) "Organization" includes a corporation, government, governmental
41       subdivision or agency, business trust, estate, trust, partnership or associ-
42       ation, two or more persons having a joint or common interest, and any
43       other legal or commercial entity.


  1             (g) "Owner" means one or more persons, jointly or severally, in whom
  2       is vested: (1) All or part of the legal title to property; or (2) all or part of
  3       the beneficial ownership and a right to prevent use and enjoyment of the
  4       premises; and such term includes a mortgagee in possession.
  5             (h) "Person" includes an individual or organization.
  6             (i) "Premises" means a dwelling unit and the structure of which it is
  7       a part and facilities and appurtenances therein and grounds, areas and
  8       facilities held out for the use of tenants generally or the use of which is
  9       promised to the tenant.
10             (j) "Rent" means all payments to be made to the landlord under the
11       rental agreement, other than the security deposit.
12             (k) "Rental agreement" means all agreements, written or oral, and
13       valid rules and regulations adopted under K.S.A. 58-2556 and amend-
14       ments thereto, embodying the terms and conditions concerning the use
15       and occupancy of a dwelling unit and premise.
16             (l) "Roomer" means a person occupying a dwelling unit that lacks a
17       major bathroom and kitchen facility, in a structure where one or more
18       major facilities are used in common by occupants of the dwelling unit
19       and other dwelling units. As used herein, a major bathroom facility means
20       a toilet, and either a bath or shower, and a major kitchen facility means
21       a refrigerator, stove and sink.
22             (m) "Security deposit" means any sum of money specified in a rental
23       agreement, however denominated, to be deposited with a landlord by a
24       tenant as a condition precedent to the occupancy of a dwelling unit, which
25       sum of money, or any part thereof, may be forfeited by the tenant under
26       the terms of the rental agreement upon the occurrence or breach of
27       conditions specified therein.
28             (n) "Single family residence" means a structure maintained and used
29       as a single dwelling unit. Notwithstanding that a dwelling unit shares one
30       or more walls with another dwelling unit, it is a single family residence if
31       it has direct access to a street or thoroughfare and shares neither heating
32       facilities, hot water equipment, nor any other essential facility or service
33       with any other dwelling unit.
34             (o) "Tenant" means a person entitled under a rental agreement to
35       occupy a dwelling unit to the exclusion of others.
36             (p) "Partial eviction" means the eviction of specified persons from the
37       leased premises.
38             Sec.  3. K.S.A. 58-2564 is hereby amended to read as follows: 58-
39       2564. (a) Except as otherwise provided in the residential landlord and
40       tenant act, if there is a material noncompliance by the tenant with the
41       rental agreement or a noncompliance with K.S.A. 58-2555 and amend-
42       ments thereto materially affecting health and safety, the landlord may
43       deliver a written notice to the tenant specifying the acts and omissions


  1       constituting the breach and that the rental agreement will terminate upon
  2       a date not less than 30 days after receipt of the notice, if the breach is
  3       not remedied in 14 days. The rental agreement shall terminate as pro-
  4       vided in the notice regardless of the periodic rent-paying date, except that
  5       if the breach is remediable by repairs or the payment of damages or
  6       otherwise, and the tenant adequately initiates a good faith effort to rem-
  7       edy the breach prior to the date specified in the notice, the rental agree-
  8       ment will not terminate. However, in the event that such breach or a
  9       similar breach occurs after the 14-day period provided in this subsection,
10       the landlord may deliver a written notice to the tenant that the rental
11       agreement will terminate upon a date not less than 30 days after receipt
12       of the notice without providing the opportunity to remedy the breach.
13       The rental agreement then shall terminate as provided in such notice
14       regardless of the periodic rent-paying date.
15             (b)  (1) If there is a breach as provided in this subsection that is com-
16       mitted by the tenant, a member of the tenant's household, a guest of the
17       tenant or a person under the control of the tenant on or within 1,000 feet
18       of the leased premises, the landlord or the district or county attorney may
19       deliver a written notice to the tenant advising such tenant that the land-
20       lord may terminate the rental agreement within three days without the
21       opportunity to remedy the breach or that the district or county attorney
22       shall commence an eviction action as provided in this act. Such notice
23       shall be served as required under subsection (c) of K.S.A. 58-2564, and
24       amendments thereto. The three-day notice period provided for in this
25       subsection shall be computed as three consecutive 24-hour periods. Con-
26       duct and offenses giving rise to a breach under this subsection shall in-
27       clude the execution of a search warrant that produces evidence of or
28       arrests for violations of article 41 of chapter 65 of the Kansas Statutes
29       Annotated including felonies and misdemeanors, and amendments
30       thereto. Such conduct and offenses giving rise to the breach pursuant to
31       this section must be proven by a preponderance of the evidence at the
32       eviction action pursuant to K.S.A. 61-2301 et seq., and amendments
33       thereto. The law enforcement agency who executes the search warrant or
34       arrest pursuant to this subsection shall notify the landlord in the manner
35       provided in subsection (b)(2) within seven days of executing such search
36       warrant or arrest. The law enforcement agency in the jurisdiction where
37       the search warrant was served or the arrest made shall state that if the
38       landlord does not commence an eviction action pursuant to this act, the
39       county or district attorney may proceed to evict the tenant. The court may
40       order a partial eviction if the tenant establishes that such tenant was
41       unable to take action to prevent the breach because of verbal or physical
42       coercion by the person conducting the breach or that the tenant was
43       without knowledge of the breach. If the court orders a partial eviction of


  1       a person conducting the breach as provided in this section, and the person
  2       evicted returns to the premises, such conduct shall constitute a breach
  3       pursuant to this subsection by the remaining tenant or tenants and the
  4       provisions of this subsection shall apply to the remaining tenant or
  5       tenants.
  6             (2) Before filing an eviction action, the county or district attorney
  7       shall provide the landlord a final notice that an eviction action shall pro-
  8       ceed after the expiration of seven days from the date of final notice. Notice
  9       as required in this subsection may be served on the landlord, or, if the
10       landlord cannot be found, by leaving a copy thereof at the landlord's usual
11       place of residence, or by delivering a copy thereof to some person over 12
12       years of age residing at the residence, or, if no person is found upon the
13       residence, by posting a copy of the notice in a conspicuous place thereon,
14       or by registered mail, registered mail return receipt requested, or certified
15       mail, return receipt requested, addressed to the landlord at the landlord's
16       usual place of residence. Proof of service by registered mail may be by
17       the affidavit of the person mailing such notice or by the return receipt.
18       Proof of service by certified mail may be by the return receipt. The seven-
19       day notice period provided in this subsection shall be computed as seven
20       consecutive 24-hour periods.
21             (3) The provisions of this subsection, section 1 and subsection (p) of
22       K.S.A. 58-2543 and amendments thereto shall constitute an expedited
23       eviction procedure and shall be known and may be cited as the expedited
24       eviction procedure act.
25             (c) The landlord may terminate the rental agreement if rent is unpaid
26       when due and the tenant fails to pay rent within three days, after written
27       notice by the landlord of nonpayment and such landlord's intention to
28       terminate the rental agreement if the rent is not paid within such three-
29       day period. The three-day notice period provided for in this subsection
30       shall be computed as three consecutive 24-hour periods. When such no-
31       tice is served on the tenant or to some person over 12 years of age residing
32       on the premises, or by posting a copy of the notice in a conspicuous place
33       thereon, the three-day period shall commence at the time of delivery or
34       posting. When such notice is delivered by mailing, an additional two days
35       from the date of mailing should be allowed for the tenant to pay such
36       tenant's rent and thereby avoid having the rental agreement terminated.
37             (c) (d) Except as otherwise provided in the residential landlord and
38       tenant act, the landlord may recover damages and obtain injunctive relief
39       for any noncompliance by the tenant with the rental agreement or K.S.A.
40       58-2555 and amendments thereto.
41             (d) (e) The provisions of this section shall not limit a landlord's or
42       tenant's right to terminate the rental agreement pursuant to K.S.A. 58-
43       2570, and amendments thereto. 


  1       Sec.  4. K.S.A. 58-2543 and 58-2564 are hereby repealed.
  2        Sec.  5. This act shall take effect and be in force from and after its
  3       publication in the statute book.