The water line that brings hot water is damaged. Is it the tenant's responsibility to fix it?

Full question:

My son fell ill when he got into a tub full of freezing water on a cold winter morning. Apparently, the water line that brings hot water was damaged. The condition has been the same despite notifying our landlord about the problem. He says it is our responsibility to fix it. Is this true in Kansas?

• Category: Landlord Tenant
• Subcategory: Repairs
• Date: 04/07/2025
• State: Kansas

Answer:

In Kansas, the tenancy laws impose certain duties on the landlord which are enumerated in K.S.A. § 58-2553. It reads:
“(a) Except when prevented by an act of God, the failure of public utility services or other conditions beyond the landlord's control, the landlord shall:
     (1) Comply with the requirements of applicable building and housing codes materially affecting health and safety. If the duty imposed by this paragraph is greater than any duty imposed by any other paragraph of this subsection, the landlord's duty shall be determined in accordance with the provisions of this paragraph;
     (2) exercise reasonable care in the maintenance of the common areas;
     (3) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating and air-conditioning appliances including elevators, supplied or required to be supplied by such landlord;
     (4) except where provided by a governmental entity, provide and maintain on the grounds, for the common use by all tenants, appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal; and
     (5) supply running water and reasonable amounts of hot water at all times and reasonable heat, unless the building that includes the dwelling units is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection. Nothing in this section shall be construed as abrogating, limiting or otherwise affecting the obligation of a tenant to pay for any utility service in accordance with the provisions of the rental agreement. The landlord shall not interfere with or refuse to allow access or service to a tenant by a communication or cable television service duly franchised by a municipality.
(b) The landlord and tenants of a dwelling unit or units which provide a home, residence or sleeping place for not to exceed four households having common areas may agree in writing that the tenant is to perform the landlord's duties specified in paragraphs (4) and (5) of subsection (a) of this section and also specified repairs, maintenance tasks, alterations or remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.
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Per the above-quoted section, it is the duty of the landlord to maintain such amenities without causing inconvenience to the tenants. If the landlord chooses to ignore repeated notices, the tenant may get the problem rectified with help of a professional and reduce the expenses from the rent or withhold the rent until such time that the landlord actually makes the repairs. He may also choose to sue the landlord for any personal injury caused to him or his family members due to the negligence of the landlord.