If the landlord continually fails to meet maintenance or contract agreements, the Kansas Residential Landlord & Tenant Act gives the tenant the right to eventually break your rental agreement legally. To do this, the tenant must give the landlord a written notice at least thirty (30) days before rent due date.

The written notice should:

  • Advise the landlord exactly what repairs or other actions are needed to comply with your rental agreement or the City of Emporia’s Minimum Rental Housing Code; AND
  • State that you will be terminating your rental agreement and moving out before the next rent date UNLESS the repairs or actions are adequately taken care of within fourteen (14) days after receipt of the notice. If the problem is not completely fixed, or at least a “good faith effort” started, within the time you allow, then you may legally terminate the rental agreement and move out at the end of the rent period.

Assuming you were a good tenant (paid each month’s rent on time, didn’t damage the landlord’s property, etc.), the landlord should not pursue you for future rent and should return your security deposit. If you give the notice and decide not to move, make your plans well known and communicated to the landlord in writing.

Unlike the similar notice from tenant to landlord, Kansas law does not tie the Notice of Tenant Noncompliance to rent-paying dates; they can be for any thirty (30) day period. Always keep a copy of the 14/30 Day Notice for your personal files.


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Landlord Noncompliance

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