Security Deposit Refund Kansas Renters Rights Law
Is your Landlord refusing to give back your security deposit? Landlord avoiding your emails and phone calls? We can help.
Landlord tenant law in the state of Kansas is clear There are specific steps and required that a landlord must meet regarding security deposits. If the landlord does not follow the exact letter of the law their right to withhold ANY of your deposit money is forfeited completely. In this case Tenant laws in the State of Kansas force the landlord to return 100% of your security deposit. IN some cases landlords may be required to pay a tenant his original deposit amount plus and additional fine of 1 and half times the original amount of the deposit.
58-2550. Security deposits; amounts; retention; return; damages for noncompliance. (a) A landlord may not demand or receive a security deposit for an unfurnished dwelling unit in an amount or value in excess of one month's periodic rent. If the rental agreement provides for the tenant to use furniture owned by the landlord, the landlord may demand and receive a security deposit not to exceed 1 1/2 months' rent, and if the rental agreement permits the tenant to keep or maintain pets in the dwelling unit, the landlord may demand and receive an additional security deposit not to exceed 1/2 of one month's rent. A municipal housing authority created under the provisions of K.S.A. 17-2337 et seq., and amendments thereto, which is wholly or partially subsidized by aid from the federal government, pursuant to a rental agreement in which rent is determined solely by the personal income of the tenant, may demand and receive a security deposit in accordance with a schedule established by the housing authority, which is based on the bedroom unit size of the dwelling unit. Any such municipal housing authority which establishes such a schedule shall provide a deferred payment plan whereby the tenant may pay the deposit in reasonable increments over a period of time. (b) Upon termination of the tenancy, any security deposit held by the landlord may be applied to the payment of accrued rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with K.S.A. 58-2555, and amendments thereto, and the rental agreement, all as itemized by the landlord in a written notice delivered to the tenant. If the landlord proposes to retain any portion of the security deposit for expenses, damages or other legally allowable charges under the provisions of the rental agreement, other than rent, the landlord shall return the balance of the security deposit to the tenant within 14 days after the determination of the amount of such expenses, damages or other charges, but in no event to exceed 30 days after termination of the tenancy, delivery of possession and demand by the tenant. If the tenant does not make such demand within 30 days after termination of the tenancy, the landlord shall mail that portion of the security deposit due the tenant to the tenant's last known address. (c) If the landlord fails to comply with subsection (b) of this section, the tenant may recover that portion of the security deposit due together with damages in an amount equal to 1 1/2 the amount wrongfully withheld. (d) Except as otherwise provided by the rental agreement, a tenant shall not apply or deduct any portion of the security deposit from the last month's rent or use or apply such tenant's security deposit at any time in lieu of payment of rent. If a tenant fails to comply with this subsection, the security deposit shall be forfeited and the landlord may recover the rent due as if the deposit had not been applied or deducted from the rent due. (e) Nothing in this section shall preclude the landlord or tenant from recovering other damages to which such landlord or tenant may be entitled under this act. (f) The holder of the landlord's interest in the premises at the time of the termination of the tenancy shall be bound by this section.
Go to court? You might be asking yourself if it's worth your tie and money to take your landlord to court to get your security deposit back. We have solved this problem for you. We notify your landlord. We inform them of our intention to act on your behalf to require full payment in 30 days or less. We also inform them of all action we will take to force them to pay up should they decide to try and ignore our complaint. We have a 99% success rate.
Foreclosed or bankruptcy is not a problem at all. It makes no difference if the property has been foreclosed or even if your landlord is bankrupt. Your funds, YOUR security deposit is protected and WE GET IT BACK! No up front cost to you at all. We don't get paid until you paid.
In most of 50 states if a landlord does not send an itemized statement and deposit balance to the tenant within 30 days of the date the rental agreement is terminated or the tenant moves out, whichever is later, the landlord forfeits all rights to any of the deposit and to take further legal action against the tenant in a court of a law. It really makes no difference how much damage there is if any. Even if there was $10,000 in damages, the landlord has lost his rights to suit you in court. Most Landlords don't even know this.