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Kansas Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Kansas on
Q: I got an inheritance and put the full amount given to me on a down payment for a house... I didn't have good enough cred

It to aquire the loan so my mother did it in her name. I've lived in it 8 years now and it's appreciated over $100,000 since the purchase now my mother is trying to evict me and leave me out on the street with nothing. What legal standing do I have in this matter please help me

James L. Arrasmith
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answered on Oct 15, 2023

I'm sorry to hear about your situation. If the home is in your mother's name, she generally has the legal title to the property. However, you may have an equitable interest or a claim based on several factors. One possibility is that you could argue you and your mother had an oral... View More

2 Answers | Asked in Personal Injury and Landlord - Tenant for Kansas on
Q: For almost a year, my apartment complex has not fixed the gate at our complex. Are they liable for my stolen car?

When I applied for a lease at my "gated" community apartment complex, they had a working gate where a fob or a number code was needed to get in. When I moved in, the gate was removed for repairs and has not been replaced in about a year. Recently, my car was stolen. The apartment has... View More

T. Augustus Claus
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answered on Jul 7, 2023

Property owners have a duty to maintain a reasonably safe and secure environment for their tenants. If it can be demonstrated that the apartment complex failed to fulfill this duty by not repairing the gate, not fixing the cameras, and not notifying tenants of known vulnerabilities, they may... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Landlord - Tenant and Small Claims for Kansas on
Q: We'll have a pretty serious case that I have taken through small claims and now needs to go up to the Court of Appeal

Very serious tenant/landlord case in which has overwhelming evidence of illegal evection , harassment,descrimanation and slander of character ect I have all documents necessary it's put a huge emotional toll on my family I need help.

Tim Akpinar
Tim Akpinar
answered on Jan 21, 2022

Only a Kansas attorney could advise you here, but your question remains open for two weeks. Please keep in mind that appeals of any type in any jurisdiction are generally governed by narrow windows of time to take action. If you are contemplating an appeal, you could consider reaching out to Kansas... View More

1 Answer | Asked in Elder Law and Landlord - Tenant for Kansas on
Q: I rent my home, my 25 year-old lives w/me (he is on the lease). I want him removed from the lease. What are my options?

There are times when I'm in fear of my safety. also, my 73 year-old mother lives with me and he is verbally abusive to us both. i just would like to know what my options are?

Scott C. Stockwell
Scott C. Stockwell
answered on Dec 6, 2021

Kansas has a protection from abuse process "to provide quick and immediate protection." The Kansas Judicial system has created a one-stop portal website. But if you think your website viewing is being monitored or checked by the person from whom you do not feel safe, you should call 911... View More

1 Answer | Asked in Landlord - Tenant for Kansas on
Q: Hi What is the statue of limitations for suing a landlord for breach of the rental contract. I’m in Kansas. Thank you
Scott C. Stockwell
Scott C. Stockwell
answered on Apr 5, 2021

The statute of limitation for an action based upon a written agreement is 5 years. If the agreement was oral, it would be 3 years. There may be some statutory rights (e.g., Landlord Tenant) that are involved in which case the statute of limitations would generally be three years. If the statutory... View More

1 Answer | Asked in Landlord - Tenant, Estate Planning and Probate for Kansas on
Q: Who has the legal rights to own the possessions of a deceased roommate if said roommate has no family?

My friends housemate passed away recently. They lived together for about 10 years in one house (owned by the living housemate) in Missouri. The deceased had no family at all that were living, except for one estranged brother who may be in prison, whereabouts unknown and no will made out. The... View More

Tim Akpinar
Tim Akpinar
answered on Feb 28, 2021

A Kansas attorney could advise best here, but your post remains open for four weeks. At this point, you might not want to lose more time waiting for a response in a different legal category, but this is something that attorneys in the Probate and Estate Planning categories would have the most... View More

1 Answer | Asked in Landlord - Tenant for Kansas on
Q: city gave me paperwork saying my place was uninhabitable and the landlord is trying make me pay Feb and March rent
Caroline Bundy
Caroline Bundy
answered on Feb 9, 2021

Could you expand upon your question?

1 Answer | Asked in Landlord - Tenant for Kansas on
Q: I am being evicted for not paying my rent in kansas. My hours were cut a lot so I signed the declaration thingy but stil

I'm still being evicted even the judge said. I see all over the internet no one can be evicted how am I still being evicted??

Doug Coe
Doug Coe
answered on Oct 5, 2020

I would highly encourage you to speak to an attorney about this. It's not as simple as "the landlord can't evict me." There are a number of nuisances to the current executive orders, and an attorney should be able to help your specific situation. Kansas Legal Services may be able to help, too.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Kansas on
Q: Needing to find out what steps are necessary to remove a person from a house deed. Brother has kids living rent free.

House was in danger of being put up for sheriff sale until I paid delinquent taxes. I want possession and he refuses to cooperate

Scott C. Stockwell
Scott C. Stockwell
answered on Sep 9, 2020

If two or more persons listed as tenants in common on a property, control of the property is problematic if they are unable to agree. In absence of an agreed sale and purchase of the other person's interest, Kansas law provides for the partition of the property through a court proceeding. If... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Kansas on
Q: Can I lock a commercial tennaant out for non-payment
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 25, 2019

What does the commercial lease say about slow payments or non-payments? If the lease says yes, then do it.

1 Answer | Asked in Landlord - Tenant for Kansas on
Q: How much time do I need to give tenets to up the rent?

My renters never pay on time, and I have to pay every month on a loan for that house. I fix every problem quickly when it is brought to my attention. They won't sign a contract either. What can I do to get them out or raise the rent do to them always being late.

Scott C. Stockwell
Scott C. Stockwell
answered on Apr 28, 2018

If the lease is a month-to-month, a landlord may provide notice at least one month prior to a rent-paying date that the lease is going to terminate at the end of the following month. In a separate written communication, a landlord could communicate an offer to enter into a written lease at a higher... View More

1 Answer | Asked in Landlord - Tenant for Kansas on
Q: My question is related to my landlord and reasonable notice.

My landlord approached the property (specifically, my front door) without reasonable or any notice. He then comes up to what is only a clear glass door and knocks on it as he is looking into my apartment. I opened the door and he discovers I had been smoking in the house and had pets. What’s next?

Linda Liang
Linda Liang
answered on Apr 24, 2018

It is not against law to knock on somebody's door without notice. If you are found to have violted the lease, your landlord has right to request stop doing or anything the lease allows him to do.

1 Answer | Asked in Landlord - Tenant for Kansas on
Q: If a landlord gives you 3 day notice to vacate (Sedgwick County, KS) how long before you will be removed from property?
Scott C. Stockwell
Scott C. Stockwell
answered on Feb 23, 2018

It is necessary for a landlord to provide a three-day notice (rent must be paid in three days or an action to evict will be initiated) prior to filing a lawsuit. Once the lawsuit is filed, you will be served with notice that the lawsuit is filed and given a court date to appear. If you file a... View More

1 Answer | Asked in Landlord - Tenant for Kansas on
Q: Can a landlord renew a lease without guarntors consent?
Dr. Jamie Cuticchia
Dr. Jamie Cuticchia
answered on Aug 2, 2017

Given the question as posted, this is not an IP issue.

1 Answer | Asked in Contracts and Landlord - Tenant for Kansas on
Q: Can I limit my liability as cosigner in a multi-tenant lease, with an addendum stating liability limits in dollar value?

being asked to co-sign for my son in a apartment lease that he will be sharing with two other boys. The landlord has agreed to an addendum that will state a limited liability equal to his portion of the rent over the life of the lease. Can this be accomplished ?

Rick Davis
Rick Davis
answered on May 8, 2017

Yes, if both parties agree you can draft an addendum to provide that you are guaranteeing only a portion of the total rent. As long as both parties sign it, it would be enforceable to limit your liability.

*Please be advised that this answer is for information or educational purposes only...
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1 Answer | Asked in Bankruptcy, Real Estate Law and Landlord - Tenant for Kansas on
Q: What are the consequences for not claiming a rental property during Chapter 13 bankruptcy?

My landlord filed Chapter 13 and claimed our address as her primary residency.I paid monthly rent in excess of her mortgage payment. More than a year after I moved in she changed a utility bill to her name to "prove" her residency.When the bankruptcy was complete, she gave me notice to... View More

Ray Choudhry
Ray Choudhry
answered on May 4, 2017

If there is no off-set and she owes you the damage deposit, you can take her to small claims court.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Kansas on
Q: 40 year lease states lessee can buy land for 25K. (value 40 years ago). They want to buy but it's worth 225K (39th year)

how do I get out of this? i'm losing 200K in value. I inherited 25% of land and bought out the others.

Rick Davis
Rick Davis
answered on May 2, 2017

If the lease specifically says they can buy it at a set price, you are probably stuck. With that being said, an attorney can not really answer that question without looking at the document. I would recommend you have an attorney review the contract and provide you an opinion. It is going to cost... View More

1 Answer | Asked in Landlord - Tenant for Kansas on
Q: Kansas Statute 58-2557. Reasonable notice to the tenant for entry. What is considered reasonable?

Landlord is entering for pest control but require a lot done before the spraying (basically the whole kitchen and bathroom emptied) or they charge us. They put a note on the door today while I was at work that the pest control will be here between 9-6 tomorrow. Is that note enough? Can I request... View More

Ray Choudhry
Ray Choudhry
answered on May 1, 2017

Reasonable usually means under the circumstances.

The landlord is juggling availability of the pest control people and the tenants.

Usually, the complaint is that the landlord isn't doing anything.

1 Answer | Asked in Landlord - Tenant for Kansas on
Q: I have been having problems with my stove and oven on Saturday it caught on fire can I ask my complex to view my folder.

I live in overland park Ks. The apartments are saying I am responsible.I disagree because this stove has been an ongoing problem since June. I was supposed to get a new one but it never happened they fired all of the maintenance people accept one then a week before the fire the let go of the... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 26, 2015

Yes, you can ask the complex to view your folder.

1 Answer | Asked in Landlord - Tenant for Kansas on
Q: Our Tenant moved out 2.5 months prior to the lease ending, and is refusing to pay rent.

He is stating that we did not put in effort to rent out the property. We have the house for sale, we do not want to rent, but we have shown the property to renters. He left the property 7/26 and refused to pay August rent.

Charles Snyderman
Charles Snyderman
answered on Aug 14, 2014

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