58-2550.
Security deposits; amounts; retention; return; damages for noncompliance.
(a) A landlord may not demand or receive a security deposit for an unfurnished dwelling unit in an amount or value in excess of one month's periodic rent. If the rental agreement provides for the tenant to use furniture owned by the landlord, the landlord may demand and receive a security deposit not to exceed 1½ months' rent, and if the rental agreement permits the tenant to keep or maintain pets in the dwelling unit, the landlord may demand and receive an additional security deposit not to exceed ½ of one month's rent. A municipal housing authority created under the provisions of K.S.A. 17-2337 et seq., and amendments thereto, which is wholly or partially subsidized by aid from the federal government, pursuant to a rental agreement in which rent is determined solely by the personal income of the tenant, may demand and receive a security deposit in accordance with a schedule established by the housing authority, which is based on the bedroom unit size of the dwelling unit. Any such municipal housing authority which establishes such a schedule shall provide a deferred payment plan whereby the tenant may pay the deposit in reasonable increments over a period of time.
(b) Upon termination of the tenancy, any security deposit held by the landlord may be applied to the payment of accrued rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with K.S.A. 58-2555, and amendments thereto, and the rental agreement, all as itemized by the landlord in a written notice delivered to the tenant. If the landlord proposes to retain any portion of the security deposit for expenses, damages or other legally allowable charges under the provisions of the rental agreement, other than rent, the landlord shall return the balance of the security deposit to the tenant within 14 days after the determination of the amount of such expenses, damages or other charges, but in no event to exceed 30 days after termination of the tenancy, delivery of possession and demand by the tenant. If the tenant does not make such demand within 30 days after termination of the tenancy, the landlord shall mail that portion of the security deposit due the tenant to the tenant's last known address.
(c) If the landlord fails to comply with subsection (b) of this section, the tenant may recover that portion of the security deposit due together with damages in an amount equal to 1½ the amount wrongfully withheld.
(d) Except as otherwise provided by the rental agreement, a tenant shall not apply or deduct any portion of the security deposit from the last month's rent or use or apply such tenant's security deposit at any time in lieu of payment of rent. If a tenant fails to comply with this subsection, the security deposit shall be forfeited and the landlord may recover the rent due as if the deposit had not been applied or deducted from the rent due.
(e) Nothing in this section shall preclude the landlord or tenant from recovering other damages to which such landlord or tenant may be entitled under this act.
(f) The holder of the landlord's interest in the premises at the time of the termination of the tenancy shall be bound by this section.
History:
L. 1975, ch. 290, § 11; L. 1978, ch. 216, § 1; L. 1997, ch. 68, § 1; July 1.
Notes of Decisions
Cited in
17
cases (
3 in the last 5 years), 1979–2024 · leading case:
Clark v. Walker, 590 P.2d 1043 (Kan. 1979).
Clark v. Walker, 590 P.2d 1043 (Kan. 1979).
· cites it 8× “In the action, the plaintiff relied upon K.S.A. 58-2550 of the Residential Landlord and Tenant Act, which deals with the subject of security deposits required in leases of residential property.”
Wurtz v. Cedar Ridge Apts., 18 P.3d 299 (Kan. Ct. App. 2001).
· cites it 6× “K.S.A. 1999 Supp. 58-2550 does not provide for a penalty on a wrongfully withheld rent credit, only for wrongfully withheld security deposits.”
Love v. Monarch Apts., 771 P.2d 79 (Kan. Ct. App. 1989).
· cites it 5× “The tenant, Sharon Love, appeals the trial court’s (1) refusal to order a full refund of her security deposit; (2) denial of statutory damages for the wrongful withholding of her security deposit (K.S.A. 58-2550[c]); and (3) denial of damages for the landlord’s alleged breach of…”
Geiger v. Wallace, 664 P.2d 846 (Kan. 1983).
· cites it 4× “If the rental agreement is terminated, the landlord shall return that portion of the' security deposit recoverable by the tenant under K.S.A. 58-2550.” (Emphasis supplied.) Thus the only real fact question presented to the trial court was the amount of damages which should be…”
Heckard v. Martin, 958 P.2d 665 (Kan. Ct. App. 1998).
· cites it 4× “58-2550(b) and, therefore, reverse and remand for further proceedings consistent with K.S.A. 58-2550. Last, Heckard claims judicial bias and requests reversal for that reason.”
Szoboszlay v. Glessner, 664 P.2d 1327 (Kan. 1983).
“In his answer to the counterclaim the appellant prayed for reasonable attorney fees, return of his security deposit and damages under K.S.A. 1982 Supp. 58-2550(c) (Residential Landlord and Tenant Act).”
Threadgill v. Beard, 590 P.2d 1021 (Kan. 1979).
· cites it 2× “Threadgill, a former tenant of *297 the defendant, filed a petition in the small claims court seeking recovery of her initial tenant’s deposit of $100 plus damages of $150 under K.S.A. 1975 Supp. 58-2550(c). Summons was served on defendant by posting it (attaching it with a…”
A & S Rental Solutions, Inc. v. Kopet, 76 P.3d 1057 (Kan. Ct. App. 2003).
· cites it 12× “Paragraph 15 of the petition stated: “Plaintiffs seek to comply with K.S.A. 58-2550, and return the lawful balance of the security deposit to the lawful owner, but cannot do so until a legal determination is made as to the lawful owner of the security deposit.”
Vogel v. Haynes, 730 P.2d 1096 (Kan. Ct. App. 1986).
· cites it 8× “Turning to the first issue in this case, and the only issue when this appeal was taken, we note that K.S.A. 58-2550(a) authorizes security deposits and sets some limitations upon their amount.”
Asbury v. Mauk, 687 P.2d 31 (Kan. Ct. App. 1984).
· cites it 5× “See K.S.A. 58-2550(b). The tenants asked that they be granted recovery of the $250 deposit, damages in an amount equal to one and one-half times the deposit pursuant to K.”
Burgess v. Stroud, 840 P.2d 1206 (Kan. Ct. App. 1992).
· cites it 13× “58-2555 and the rental agreement, all as itemized by the landlord in a written notice delivered to the tenant. If the landlord proposes to retain any portion of the security deposit for expenses, damages or other legally allowable charges under the provisions of the.”
— K.S.A. § 58-2550(a) — 3 cases
Clark v. Walker, 590 P.2d 1043 (Kan. 1979).
“In the action, the plaintiff relied upon K.S.A. 58-2550 of the Residential Landlord and Tenant Act, which deals with the subject of security deposits required in leases of residential property.”
Vogel v. Haynes, 730 P.2d 1096 (Kan. Ct. App. 1986).
“Turning to the first issue in this case, and the only issue when this appeal was taken, we note that K.S.A. 58-2550(a) authorizes security deposits and sets some limitations upon their amount.”
— K.S.A. § 58-2550(b) — 8 cases
Wurtz v. Cedar Ridge Apts., 18 P.3d 299 (Kan. Ct. App. 2001).
“K.S.A. 1999 Supp. 58-2550 does not provide for a penalty on a wrongfully withheld rent credit, only for wrongfully withheld security deposits.”
Heckard v. Martin, 958 P.2d 665 (Kan. Ct. App. 1998).
“58-2550(b) and, therefore, reverse and remand for further proceedings consistent with K.S.A. 58-2550. Last, Heckard claims judicial bias and requests reversal for that reason.”
A & S Rental Solutions, Inc. v. Kopet, 76 P.3d 1057 (Kan. Ct. App. 2003).
“Paragraph 15 of the petition stated: “Plaintiffs seek to comply with K.S.A. 58-2550, and return the lawful balance of the security deposit to the lawful owner, but cannot do so until a legal determination is made as to the lawful owner of the security deposit.”
Vogel v. Haynes, 730 P.2d 1096 (Kan. Ct. App. 1986).
“Turning to the first issue in this case, and the only issue when this appeal was taken, we note that K.S.A. 58-2550(a) authorizes security deposits and sets some limitations upon their amount.”
Love v. Monarch Apts., 771 P.2d 79 (Kan. Ct. App. 1989).
“The tenant, Sharon Love, appeals the trial court’s (1) refusal to order a full refund of her security deposit; (2) denial of statutory damages for the wrongful withholding of her security deposit (K.S.A. 58-2550[c]); and (3) denial of damages for the landlord’s alleged breach of…”
— K.S.A. § 58-2550(c) — 9 cases
Szoboszlay v. Glessner, 664 P.2d 1327 (Kan. 1983).
“In his answer to the counterclaim the appellant prayed for reasonable attorney fees, return of his security deposit and damages under K.S.A. 1982 Supp. 58-2550(c) (Residential Landlord and Tenant Act).”
Threadgill v. Beard, 590 P.2d 1021 (Kan. 1979).
“Threadgill, a former tenant of *297 the defendant, filed a petition in the small claims court seeking recovery of her initial tenant’s deposit of $100 plus damages of $150 under K.S.A. 1975 Supp. 58-2550(c). Summons was served on defendant by posting it (attaching it with a…”
Love v. Monarch Apts., 771 P.2d 79 (Kan. Ct. App. 1989).
“The tenant, Sharon Love, appeals the trial court’s (1) refusal to order a full refund of her security deposit; (2) denial of statutory damages for the wrongful withholding of her security deposit (K.S.A. 58-2550[c]); and (3) denial of damages for the landlord’s alleged breach of…”
Clark v. Walker, 590 P.2d 1043 (Kan. 1979).
“In the action, the plaintiff relied upon K.S.A. 58-2550 of the Residential Landlord and Tenant Act, which deals with the subject of security deposits required in leases of residential property.”
A & S Rental Solutions, Inc. v. Kopet, 76 P.3d 1057 (Kan. Ct. App. 2003).
“Paragraph 15 of the petition stated: “Plaintiffs seek to comply with K.S.A. 58-2550, and return the lawful balance of the security deposit to the lawful owner, but cannot do so until a legal determination is made as to the lawful owner of the security deposit.”
— K.S.A. § 58-2550(d) — 2 cases
Clark v. Walker, 590 P.2d 1043 (Kan. 1979).
“In the action, the plaintiff relied upon K.S.A. 58-2550 of the Residential Landlord and Tenant Act, which deals with the subject of security deposits required in leases of residential property.”
Burgess v. Stroud, 840 P.2d 1206 (Kan. Ct. App. 1992).
“58-2555 and the rental agreement, all as itemized by the landlord in a written notice delivered to the tenant. If the landlord proposes to retain any portion of the security deposit for expenses, damages or other legally allowable charges under the provisions of the.”
— K.S.A. § 58-2550(fe) — 1 case
Geiger v. Wallace, 664 P.2d 846 (Kan. 1983).
“If the rental agreement is terminated, the landlord shall return that portion of the' security deposit recoverable by the tenant under K.S.A. 58-2550.” (Emphasis supplied.) Thus the only real fact question presented to the trial court was the amount of damages which should be…”
— K.S.A. § 58-2550(h) — 1 case
Geiger v. Wallace, 664 P.2d 846 (Kan. 1983).
“If the rental agreement is terminated, the landlord shall return that portion of the' security deposit recoverable by the tenant under K.S.A. 58-2550.” (Emphasis supplied.) Thus the only real fact question presented to the trial court was the amount of damages which should be…”
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