Session Law

Identifying Information:L. 2003 ch. 103
Other Identifying Information:2003 Senate Bill 15
Tax Type:Other
Brief Description:An Act concerning the residential landlord and tenant act; notice of termination of tenancy; amending K.S.A. 58-2570 and repealing the existing section.
Keywords:


Body:

CHAPTER 103

SENATE BILL No. 15


An Act concerning the residential landlord and tenant act; notice of termination of tenancy;

amending K.S.A. 58-2570 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 58-2570 is hereby amended to read as follows: 58-

2570. (a) The landlord or the tenant may terminate a week-to-week ten-

ancy by a written notice given to the other at least seven days prior to the

termination date specified in the notice.

(b) The landlord or the tenant may terminate a month-to-month ten-

ancy by a written notice given to the other party stating that the tenancy

shall terminate upon a periodic rent-paying date not less than thirty (30)

30 days after the receipt of the notice, except that not more than fifteen

(15) 15 days' written notice by a tenant shall be necessary to terminate

any such tenancy where the tenant is in the military service of the United

States and termination of the tenancy is necessitated by military orders.

Any rental agreement for a definite term of more than thirty (30) 30 days

shall not be construed as a month-to-month tenancy, even though the

rent is reserved payable at intervals of thirty (30) 30 days.

(c) If the tenant remains in possession without the landlord's consent

after expiration of the term of the rental agreement or its termination,

the landlord may bring an action for possession, and. In addition, if the

tenant's holdover is willful and not in good faith the landlord, in addition,

may recover an amount not more than one and one-half (11/2) 11/2 months'

periodic rent or not more than one and one-half (11/2) 11/2 times the actual

damages sustained by the landlord, whichever is greater. If the landlord

consents to the tenant's continued occupancy subsection (d) of K.S.A. 58-

2545, and amendments thereto, shall govern.

(d) In any action for possession, the landlord may obtain an order of

the court granting immediate possession of the dwelling unit to the land-

lord by filing a motion therefor in accordance with subsection (b) of

K.S.A. 60-207, and amendments thereto, and service thereof on the tenant

pursuant to K.S.A. 60-205, and amendments thereto. After a hearing and

presentation of evidence on the motion, and if the judge is satisfied that

granting immediate possession of the dwelling unit to the landlord is in

the interest of justice and will properly protect the interests of all the

parties, the judge may enter or cause to be entered an order for the

immediate restitution of the premises to the landlord upon the landlord

giving an undertaking to the tenant in an amount and with such surety as

the court may require, conditioned for the payment of damages or oth-

erwise if judgment be entered in favor of the tenant.

(e) If a landlord provides to a tenant a document which, if signed by

the landlord or tenant or both, would constitute the tenant's written notice

to the landlord that the tenant intends to vacate the premises, and if such

document contains any additional terms that are not contained in the

rental agreement between the landlord and tenant, then the document

shall include the following statement in no less than ten-point boldface

type: `YOUR SIGNATURE ON THIS DOCUMENT MAY BIND YOU

TO ADDITIONAL TERMS NOT IN YOUR ORIGINAL LEASE

AGREEMENT. IF YOUR LEASE REQUIRES YOU TO GIVE WRIT-

TEN NOTICE OF YOUR INTENT TO VACATE, YOU HAVE THE

RIGHT TO DECLINE TO SIGN THIS DOCUMENT AND TO PRO-

VIDE WRITTEN NOTICE IN ANOTHER FORM.' If such statement

does not appear in such document, a tenant's signature on such document

shall not bind the tenant to any additional terms that are not contained

in the rental agreement.

Sec. 2. K.S.A. 58-2570 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 21, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003