Landlord Won't Make Repairs in Kansas: What Can I Do?

What your landlord has to fix

1. 1

   Your landlord must follow your city's building and housing rules that seriously affect health and safety. Your landlord must also keep shared areas safe. None of this applies if a natural disaster caused the problem. It also does not apply if a break in your water, electric, or gas service, or something else beyond your landlord's control, caused it.

   Source:

   1. § 58-2553(a), Kansas Office of the Revisor of Statutes. Law.
   Tip.

   Take photos of each problem, with the date. Take more if it gets worse.

2. 2

   Your landlord must keep your wiring, plumbing, heating, and cooling systems in good working order. This includes elevators if your building has one. None of this applies if a natural disaster caused the problem. It also does not apply if a break in your water, electric, or gas service, or something else beyond your landlord's control, caused it.

   Source:

   1. § 58-2553(a), Kansas Office of the Revisor of Statutes. Law.
3. 3

   Your landlord must give you running water, a reasonable amount of hot water, and reasonable heat at all times. This does not apply if your building is not legally required to have them. It also does not apply to heat or hot water if your unit makes its own. This happens when your equipment connects straight to the gas or electric company. You must still pay for any of these that your lease says you pay for.

   Source:

   1. § 58-2553(a), Kansas Office of the Revisor of Statutes. Law.

If it is still not fixed

4. 4

   You can sue your landlord for money instead of ending your lease. You can also ask a court to order the repair. You can do this along with sending a written notice, or instead of it. You get this money only if you win your case and your landlord pays.

   Sources:

   1. Our editorial rules.
   2. § 58-2559(b), Kansas Office of Revisor of Statutes. Law.
   Tip.

   Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

5. 5

   Your landlord cannot lock you out of your home without a legal right to do it. Your landlord also cannot cut off your electricity, gas, water, or another needed service on purpose. If this happens, you can get back into your home or end your lease. Either way, you can collect up to 1.5 times your monthly rent, or your actual money losses, whichever is more. For example, 1.5 times $1,000 rent is $1,500. You get this money only if you win your case and your landlord pays.

   Sources:

   1. Our editorial rules.
   2. § 58-2563, Kansas Office of the Revisor of Statutes. Law.
   Your landlord can take you to court.

   If you hold back rent, pay less, or take repair costs out of your rent, your landlord can file an eviction case for unpaid rent. If the judge rules for your landlord, you can owe the rent and court costs and have to move out. Your proof matters. Even a case you win can show up when you apply for a new place. Get legal help first.

6. 6

   Your landlord cannot punish you by raising your rent or cutting back services. This applies after you complain to a government agency about a building or safety code problem. The problem must seriously affect health and safety. The same rule applies if you complain to your landlord about their duty to keep your home in good repair. It also applies if you join or help start a renters' group.

   Source:

   1. § 58-2572(a), Kansas Office of the Revisor of Statutes. Law.
7. 7

   Your landlord can still raise your rent after you complain or join a renters' group, if the increase does not break your current lease. The increase must be made in good faith to cover higher costs. This includes a natural disaster, higher water, electric, or gas rates, or higher property taxes.

   Source:

   1. § 58-2572(c), Kansas Office of the Revisor of Statutes. Law.

Moving out

8. 8

   If your landlord seriously breaks the lease, or seriously breaks Kansas's rental health and safety rules, you can send a written notice. The notice must describe the problem. You cannot use this notice for a problem that you, someone you let onto the property, or your pet caused. Your lease then ends on a rent due date at least 30 days after your landlord gets the notice. But if your landlord starts a real, good faith effort to fix the problem within 14 days, your lease does not end.

   Sources:

   1. Our editorial rules.
   2. § 58-2559(a), Kansas Office of Revisor of Statutes. Law.
9. 9

   You can send your landlord a written notice if your landlord seriously breaks the lease, or seriously breaks Kansas's rental health and safety rules. If your landlord starts fixing the problem in good faith within 14 days after getting your notice, your lease does not end. If the same or a similar problem happens again after that, you can send a new written notice. Your lease then ends on a rent due date at least 30 days after your landlord gets that new notice.

   Sources:

   1. Our editorial rules.
   2. § 58-2559(a), Kansas Office of Revisor of Statutes. Law.
10. 10

    If your landlord seriously breaks the lease, or seriously breaks Kansas's health and safety rules, you can send written notice ending your lease. But your lease does not end if your landlord starts a real, good faith effort to fix the problem within 14 days. It also does not end if you, someone you let into your home, or a pet caused the problem.

    Sources:

    1. Our editorial rules.
    2. § 58-2559(a)(2), Kansas Office of Revisor of Statutes. Law.
11. 11

    If a fire or another disaster seriously harms your home so it is not fit to live in, you can move out right away. You must tell your landlord in writing within 5 days after you move out that you are ending your lease. If it is still legal to stay, you can instead move out of just the part you cannot use and pay less rent. Your new rent is based on how much less the home is worth to live in.

    Sources:

    1. Our editorial rules.
    2. § 58-2562(a), Kansas Office of Revisor of Statutes. Law.