Full question:
I gave my landlord 30 days written, notarized notice that I was terminating my lease. The manager said the apartment was the cleanest she had ever seen. Now, however, she is telling me I owe her for the remainder of the lease. I thought as long as I gave her the written notice, according to Kansas law, I could legally terminate the lease. Where do I go from here?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Kansas
Answer:
The answer will depend on the type of tenancy and whether you had a written lease. For example, a year-to-year tenant who holds over after the expiration of the term may be held as a year-to-year tenant. When a lease is terminated early, the lease terms on early termination will govern. If a tenant terminates the lease early, the tenant may still be liable for rent owed under the terms of the lease. The following is a KS statute governing a landlord's damages for lease termination:
58-2568. Landlord's remedies upon termination of rental agreement.
Upon termination of the rental agreement, the landlord may have a claim
and file an action for possession or for rent or both. The landlord also
may have a separate claim for actual damages for breach of the rental
agreement and may file an action for such damages prior to the termination
date of the rental agreement.
Please see the following KS statutes to determine applicability.:
58-2505. Termination of tenancy from year-to-year; notice.
All tenancies from year to year, other than farm tenancies from
year-to-year, may be terminated by at least thirty days' notice in writing,
given to the tenant prior to the expiration of the year.
58-2501. Tenants at will; terms of lease in certain cases.
Any person in the possession of real property with the assent of the
owner is presumed to be a tenant at will, unless the contrary is shown
except as herein otherwise provided. Where a landlord is renting farms in
large numbers and a total acreage in excess of five thousand acres, and has
tenants in excess of ten or more, and by the lease requires such tenants to
erect or own and maintain substantially all of the buildings and
improvements on the farm, such lease shall contain just and fair provisions
for the free sale and transfer of such buildings and improvements, or the
purchase thereof by the landlord, without requiring the tenant to remove
the same from the land.
58-2502. Tenants from year to year.
When premises are let for one or more years, and the tenant with the
assent of the landlord continues to occupy the premises after the
expiration of the term, such tenant shall be deemed to be a tenant from
year to year.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
