Kansas Complaint - Lessor Failure to Return Security Deposit

State:
Multi-State
Control #:
US-01622
Format:
Word; 
Rich Text
Instant download

Description

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.
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FAQ

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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Kansas Complaint - Lessor Failure to Return Security Deposit