Just looking for some clarification on some KS Statutes

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Latest post Fri, Dec 21 2012 11:47 AM by adjuster jack. 3 replies.
  • Fri, Dec 21 2012 7:34 AM

    Just looking for some clarification on some KS Statutes

    Awhile back I received a Termination of Tenancy letter citing the reasons as multiple late rent payments, which was only late once, and then for buildup of debris in the yard.  The part of the debris there was an agreement for the agent to bring a trailer by and I would load and pay the fee.  I also took 2 loads out, half of which was debris left by the previous tenant, but I was told if I didn't then he would increase the rent.

     

    I decided to move out rather than incur any more costs as it was obvious that he was not going to bring the house to code until I moved out, basically treating the lease as a "caveat emptor"

     

    45 days after I moved out, I received a letter, all it stated was that I would not be getting any of my lease deposit back, and due to my obvious neglect of the house, to expect more fees.

    I never neglected the house, in fact I repaired many things when they would not get them done.  This would have been explained to them had they shown for our scheduled walk through, but they did not show for the initial written inventory either.  The biggest problem I find is that all of the Landlord tenant attorneys all seem to have some form of reason they cannot handle it

  • Fri, Dec 21 2012 8:08 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
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    Re: Just looking for some clarification on some KS Statutes

    Retired LL's suggestion:

    Even if the LL messed up a number of steps, which I suspect he has, it may take a lawyer  more than a few hours of work at say $ 250/hr billable rate  to do the work necessary for good odds in court and that does not even address the costs of actually collecting it if you do prevail --you can easily run up $1000+ of legal expenses!  And many a lawyer knows you will be very unhappy at that point!

    I have no doubt the LL cut more than one corner on the KS security deposit return law found at  KS 58 -2550  --and the law provides for a 150% surcharge on the security due you if you can prove he bungled it.  Read the rules carefully, follow the steps to a T  and go after the LL.

    Odds in may a courtroom favor a tenant especially if LL has a single speck of dirt on his hands .

    BTW, generally a LL is not entitled to recover for things of ordinary wear and tear --and failure to provide a timely list of claimed damages may be a killer to LLs point of view.

    And if a unit is not legally fit for habitation or lawfully licesnes for rental use if such is required the LL may have deeper problems --but you best have some other independent way to make that point(s) ----

    How big a security depost hangs in the balance ---?

    IF you are a glutton for paper drills and have 10-15 hours to spare ---go for it?

     



  • Fri, Dec 21 2012 11:21 AM In reply to

    Re: Just looking for some clarification on some KS Statutes

    You never got to a question about KS statutes.

    Were I you, I'd have refused to move out; I hope you at least memorialized your objections.  As to health/safety issues, you'd have been free to pursue repair of those via landlord-tenant court.  (That said, it's best not to rent a place that's in poor condition unless the rent amount reflects that, and/or you have the landlord's representation in writing (say, an addendum to the lease if not the lease itself) saying they'll fix X-Y no later than Z.

    It's also best to prepare your own move-in condition checklist and take pictures on moving in and moving out.  The landlord may well not have bothered to document condition of the place when you moved in, and would (should) have a hard time proving you did something wrong.

    "This would have been explained to them had they shown for our scheduled walk through...."

    I'm sorry, but why on Earth wouldn't the landlord already know in gory detail what you'd done as you did it?  Rhetorical question; don't answer.

    "The biggest problem I find is that all of the Landlord tenant attorneys all seem to have some form of reason they cannot handle it."

    Handle what?  If you mean your deposit, you don't need an attorney to pursue return of your deposit in small claims.

  • Fri, Dec 21 2012 11:47 AM In reply to

    Re: Just looking for some clarification on some KS Statutes

    Here's the KS landlord tenant statute.

    http://law.justia.com/codes/kansas/2011/Chapter58/Article25/

    58-2550 addresses security deposits. Read it to see if there is a violation. If there is one, you might have a defense against the amount charged or a cause of action to recover the deposit.

    For future reference, however, here's some ideas

    Next time you look to rent a place don't hand over any money or sign anything unless the place is 100% turnkey ready to live in.

    Insist on an inspection in writing with you and the LL before you hand over any money or sign anything.

    And make a dated video or take dated digital photos of every inch of the place inside and out before you move in and before you move out.

    Study the landlord tenant statutes. If the need for repairs comes up later, there are procedures to follow if the LL is recalcitrant.

    And above all, never pay late. Even once is too many.

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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