Kansas Complaint - Lessor Failure to Return Security Deposit

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US-01622
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This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.

Keyword: Kansas Complaint — Lessor Failure to Return Security Deposit Description: A Kansas Complaint for Lessor Failure to Return Security Deposit is a legal document filed by a tenant in Kansas who believes that their landlord (lessor) has wrongfully withheld or failed to return their security deposit. In Kansas, tenants have certain rights regarding the return of their security deposits, and if these rights are violated, they have the option to file a complaint with the appropriate authorities. There are different types of complaints related to a lessor's failure to return a security deposit, depending on the circumstances of the case. They are: 1. Incomplete or Partial Return of Security Deposit: In this type of complaint, the tenant alleges that the lessor returned only a portion of the security deposit without a valid reason. According to Kansas law, landlords can only withhold a security deposit for specific reasons, such as unpaid rent or repairs beyond normal wear and tear. 2. No Return of Security Deposit: This complaint occurs when the lessor fails to return the tenant's security deposit entirely despite fulfilling all obligations as a tenant, such as paying all rent and leaving the property in good condition. Kansas law requires landlords to return the full security deposit within 30 days after the tenant has vacated the premises. 3. Failure to Provide Itemized Statement: A tenant can file a complaint if the lessor has failed to provide a detailed, itemized statement explaining the deductions made from the security deposit. Kansas law mandates that if a landlord withholds any portion of the deposit, they must provide a written statement and supporting documents explaining the charges. 4. Improper Deductions: This type of complaint arises when the lessor unjustly deducts amounts from the security deposit for damages that were either pre-existing or considered normal wear and tear. Kansas law allows for deductions for damages beyond normal wear and tear, but the landlord must provide evidence of the damage and the cost of repairs. When filing a Kansas Complaint for Lessor Failure to Return Security Deposit, tenants must ensure that they have followed all the necessary procedures and deadlines outlined in the Kansas Residential Landlord and Tenant Act. Consulting with an attorney familiar with landlord-tenant laws in Kansas can provide valuable guidance and increase the likelihood of a successful complaint.

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A Kansas 10-Day Notice to Quit (Non-Payment) is a document used against tenants who fail to pay rent under tenancies of three (3) months or longer. By law, the landlord must give at least ten (10) days notice in order for the tenant to pay past due rent or move out from the premises.

If it is an oral or month-to-month tenancy, or at the end of a lease that does not note otherwise, the landlord can raise the rent by giving a written notice at least 30 days in advance of the rent due date. Unless otherwise agreed, Kansas law presumes rent is due on the 1st day of the month.

Landlord Right of Entry Your landlord has a right to enter the property that you rent from them. Normally, your landlord can only enter after giving you reasonable notice (often 24 hours), and entry into the residence should occur during reasonable hours (not too early or too late in the day).

The U.S. Department of Housing and Urban Development (HUD), a Kansas or local fair housing agency is ready to help you file a complaint, or you can apply for legal assistance from KLS online or call the application line at 1-800-723-6953..

The landlord must return the balance of the security deposit to the tenant within 14 days after the determination of the amount of his "expenses, damages or other charges" but in no event should the landlord take any more than 30 days to get that done. K.S.A. 58-2550. The law requires the tenant to be entirely vacated.

To evict you, the landlord must provide a notice to you that you have 14 days to correct the problem, otherwise you will have to vacate 30 days after you get the notice. In other words, the lease will terminate 30 days after the notice date, unless you can correct the problem in 14 days.

58-2559 - Material noncompliance by landlord; notice; termination of rental agreement; limitations; remedies; security deposit. 58-2560 - Failure by landlord to deliver possession; remedies.

You may be able to legally move out before the lease term ends in the following situations. You Are Starting Active Military Duty. ... The Rental Unit Is Unsafe or Violates Kansas Health or Safety Codes. ... Your Landlord Harasses You or Violates Your Privacy Rights.

(g) not engage in conduct or allow any person or animal or pet, on the premises with the express or implied permission or consent of the tenant, to engage in conduct that will disturb the quiet and peaceful enjoyment of the premises by other tenants.

(a) The landlord shall have the right to enter the dwelling unit at reasonable hours, after reasonable notice to the tenant, in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or ...

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Sep 16, 2023 — If you think your landlord is violating the law, you can contact the city's tenant advocate, Tiffany Drummer, by emailing tiffany.drummer@kcmo. Jun 22, 2023 — If you believe you have suffered discrimination when attempting to buy or rent a residence, you can file your fair housing complaint online with ...Mar 31, 2023 — 1. Send a Demand Letter In a security deposit demand letter, the main thing you are doing is requesting that your landlord return your security ... Jun 27, 2017 — Simple landlord-tenant disputes, such as the return of a security deposit, are usually resolved without the assistance of an attorney. Oct 19, 2023 — Collect a security deposit to cover rental damage beyond normal wear and tear and other unforeseen costs; Pursue the formal eviction procedure ... Sep 2, 2021 — Complaints about a Topeka property may also be reported anonymously by calling 785-368-3161. "What they will do is ... they will come out and ... (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 ... Jul 11, 2022 — Notify your landlord in writing, demand return of any remaining security deposit, and provide your new address, according to Kansas Legal ... Aug 16, 2023 — The landlord may continue filing for an eviction suit if the tenant fails to resolve the lease term violation or issues within 14 days and ... Landlords have insurance, but ONLY for the building; they are not responsible for protecting the renter's property. Renters insurance, to insure your personal ...

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Kansas Complaint - Lessor Failure to Return Security Deposit