This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Kansas Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment
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Multi-State
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US-01678BG
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How to fill out Complaint In Small Claims Court For Failure Or Refusal To Return Money Deposited For Apartment?
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FAQ
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.
This notice states that if the breach is not solved in the next 14 days, then the lease between the tenant and landlord will end in 30 days. So if you serve or mail a 14/30-day notice to the landlord on the 31st and the problem is not solved by the 14th, then the lease would end on the 30th.
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.
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.
Small claims court is only for simple cases to recover money or property worth $4,000 or less. If you seek more than $4,000, the claim is no longer ?simple? and you should consult an attorney. In most instances, you cannot be represented by a lawyer in small claims court.
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.
For example, the Kansas statute of limitations is three years for oral contracts, five years for written contracts, and two years for personal injury and property damage cases. If you don't file within the proper period, you lose your right to sue.
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.