State Codes and Statutes

Statutes > Kansas > Chapter58 > Article25 > Statutes_22573

58-2560

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 25.--LANDLORDS AND TENANTS

58-2560. Failure by landlord to deliver possession; remedies.If the landlord fails to deliver possession of the dwelling unit to thetenant as provided in K.S.A. 58-2552, rent abates untilpossession is delivered and the tenant:

(a) Upon at least five days' written notice to the landlord, mayterminate the rental agreement and upon termination the landlord shallreturn all of the security deposit; or

(b) may demand performance of the rental agreement by the landlord and,if the tenant elects, maintain an action for possession of the dwellingunit against the landlord, or any person wrongfully in possession, andrecover the damages sustained by such tenant.

If a person's failure to deliver possession is willful and not in goodfaith, an aggrieved party may recover from such person an amount not morethan one and one-half (1 1/2) months' periodic rent or one and one-half(1 1/2) times the actual damages sustained by such party, whichever isgreater.

History: L. 1975, ch. 290, § 21; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter58 > Article25 > Statutes_22573

58-2560

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 25.--LANDLORDS AND TENANTS

58-2560. Failure by landlord to deliver possession; remedies.If the landlord fails to deliver possession of the dwelling unit to thetenant as provided in K.S.A. 58-2552, rent abates untilpossession is delivered and the tenant:

(a) Upon at least five days' written notice to the landlord, mayterminate the rental agreement and upon termination the landlord shallreturn all of the security deposit; or

(b) may demand performance of the rental agreement by the landlord and,if the tenant elects, maintain an action for possession of the dwellingunit against the landlord, or any person wrongfully in possession, andrecover the damages sustained by such tenant.

If a person's failure to deliver possession is willful and not in goodfaith, an aggrieved party may recover from such person an amount not morethan one and one-half (1 1/2) months' periodic rent or one and one-half(1 1/2) times the actual damages sustained by such party, whichever isgreater.

History: L. 1975, ch. 290, § 21; July 1.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Kansas > Chapter58 > Article25 > Statutes_22573

58-2560

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 25.--LANDLORDS AND TENANTS

58-2560. Failure by landlord to deliver possession; remedies.If the landlord fails to deliver possession of the dwelling unit to thetenant as provided in K.S.A. 58-2552, rent abates untilpossession is delivered and the tenant:

(a) Upon at least five days' written notice to the landlord, mayterminate the rental agreement and upon termination the landlord shallreturn all of the security deposit; or

(b) may demand performance of the rental agreement by the landlord and,if the tenant elects, maintain an action for possession of the dwellingunit against the landlord, or any person wrongfully in possession, andrecover the damages sustained by such tenant.

If a person's failure to deliver possession is willful and not in goodfaith, an aggrieved party may recover from such person an amount not morethan one and one-half (1 1/2) months' periodic rent or one and one-half(1 1/2) times the actual damages sustained by such party, whichever isgreater.

History: L. 1975, ch. 290, § 21; July 1.