K.S.A. » Chapter 58
Kansas Statutes Annotated

K.S.A. § 58-2553 (2026)

Duties of landlord; agreement that tenant perform landlord's duties; limitations

✓ current as of May 2026
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58-2553. Duties of landlord; agreement that tenant perform landlord's duties; limitations. (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.

(c) The landlord and tenant of any dwelling unit, other than a single family residence, may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if:

(1) The agreement of the parties is entered into in good faith, and not to evade the obligations of the landlord, and is set forth in a separate written agreement signed by the parties and supported by adequate consideration;

(2) the work is not necessary to cure noncompliance with subsection (a)(1) of this section; and

(3) the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.

(d) The landlord may not treat performance of the separate agreement described in subsection (c) of this section as a condition to any obligation or the performance of any rental agreement.

History: L. 1975, ch. 290, § 14; L. 1982, ch. 230, § 2; July 1.

Notes of Decisions
Cited in 16 cases (4 in the last 5 years), 1979–2025 · leading case: Time Warner Ent. Co. v. Atriums Partners, L.P., 232 F. Supp. 2d 1257 (D. Kan. 2002).
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Time Warner Ent. Co. v. Atriums Partners, L.P., 232 F. Supp. 2d 1257 (D. Kan. 2002). · cites it 11× “• State Law Time Warner contends that it has a legally enforceable right to provide cable service to the Atriums residents pursuant to Kan. Stat. Ann. § 58-2553 (a)(5). Time Warner correctly points out that the FCC Home Run Wiring Regulations do not apply in cases where the…”
Jackson Ex Rel. Jackson v. Wood, 726 P.2d 796 (Kan. Ct. App. 1986). · cites it 10× “58-2553(a)(3) provides: “(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: “(3) maintain in good and safe working order and condition all .”
Love v. Monarch Apts., 771 P.2d 79 (Kan. Ct. App. 1989). · cites it 7× “58-2550[c]); and (3) denial of damages for the landlord’s alleged breach of a statutory duty to provide habitable *342 housing (K.S.A. 58-2553). We affirm on the first issue, reverse with instructions to award the full amount of statutory damages on the second issue, and reverse…”
Lompe v. Sunridge Partners, LLC, 818 F.3d 1041 (10th Cir. 2016). “[functioning heating facilities that conformed to applicable law at the time of installation and that are maintained in good working order”); Kan. Stat. Ann. § 58-2553 (a)(3) (requiring landlord to "maintain in good and safe working order and condition all .”
O'NEILL v. Dunham, 203 P.3d 68 (Kan. Ct. App. 2009). · cites it 6× “The Jackson court ruled the Kansas Residential Landlord and Tenant Act in K.S.A. 58-2553(a) (1), (2), and (3) imposes three duties upon all residential landlords in Kansas.”
Clark v. Walker, 590 P.2d 1043 (Kan. 1979). “The landlord (K.S.A. 58-2553) as well as the tenant (K.”
Aguirre Ex Rel. Aguirre v. Adams, 809 P.2d 8 (Kan. Ct. App. 1991). “This duty is allegedly based on The Code of the City of Topeka, § 21-58, which is incorporated into the Kansas Residential Landlord/ Tenant Act pursuant to K.S.A. 58-2553(a)(1). The ordinance reads as follows: “Sec.”
Cox Cable San Diego, Inc. v. Bookspan, 195 Cal. App. 3d 22 (Cal. Ct. App. 1987). “66 ; Kan. Stat. Ann. § 58-2553 (5); Mass. Gen.”
State v. Mwaura, 610 P.2d 662 (Kan. Ct. App. 1980). “58-2547 [prohibiting certain provisions in a rental agreement including waiver of rights under the Kansas Residential Landlord and Tenant Act, payment of the other party’s attorney fees, and exculpation of any liability under the law]; K.”
Heckard v. Martin, 958 P.2d 665 (Kan. Ct. App. 1998). “The court found that Heckard had violated his statutory duties as a landlord as set forth in K.S.A. 58-2553 by failing to address repairs that “materially affected the safety of his tenants.”
Joe v. Spangler, 631 P.2d 1243 (Kan. Ct. App. 1981). · cites it 7× “58-2549 provides that a rental agreement may not permit the receipt of rent free of the obligation to comply with subsection (a) of K.S.A. 58-2553. Thus, the provisions of 58-2553(a) cannot be waived by the tenant merely because he had prior knowledge of the defects.”
Washburn South Apts. v. Hession (Kan. Ct. App. 2025). · cites it 13× “Hession also asserted two counterclaims: first, that Washburn South violated the RLTA by breaching its warranty of habitability under K.S.A. 58-2553 and second, that Washburn South's attempt to evict Hession was in retaliation for Hession reporting code violations to the City of…”
Show all 16 citing cases →
— K.S.A. § 58-2553(a) — 5 cases
Jackson Ex Rel. Jackson v. Wood, 726 P.2d 796 (Kan. Ct. App. 1986). “58-2553(a)(3) provides: “(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: “(3) maintain in good and safe working order and condition all .”
O'NEILL v. Dunham, 203 P.3d 68 (Kan. Ct. App. 2009). “The Jackson court ruled the Kansas Residential Landlord and Tenant Act in K.S.A. 58-2553(a) (1), (2), and (3) imposes three duties upon all residential landlords in Kansas.”
Joe v. Spangler, 631 P.2d 1243 (Kan. Ct. App. 1981). “58-2549 provides that a rental agreement may not permit the receipt of rent free of the obligation to comply with subsection (a) of K.S.A. 58-2553. Thus, the provisions of 58-2553(a) cannot be waived by the tenant merely because he had prior knowledge of the defects.”
Washburn South Apts. v. Hession (Kan. Ct. App. 2025). “Hession also asserted two counterclaims: first, that Washburn South violated the RLTA by breaching its warranty of habitability under K.S.A. 58-2553 and second, that Washburn South's attempt to evict Hession was in retaliation for Hession reporting code violations to the City of…”
Adam v. Andmark White Lakes Apts., LLC (D. Kan. 2024).
— K.S.A. § 58-2553(a)(1) — 6 cases
O'NEILL v. Dunham, 203 P.3d 68 (Kan. Ct. App. 2009). “The Jackson court ruled the Kansas Residential Landlord and Tenant Act in K.S.A. 58-2553(a) (1), (2), and (3) imposes three duties upon all residential landlords in Kansas.”
Aguirre Ex Rel. Aguirre v. Adams, 809 P.2d 8 (Kan. Ct. App. 1991). “This duty is allegedly based on The Code of the City of Topeka, § 21-58, which is incorporated into the Kansas Residential Landlord/ Tenant Act pursuant to K.S.A. 58-2553(a)(1). The ordinance reads as follows: “Sec.”
Jackson Ex Rel. Jackson v. Wood, 726 P.2d 796 (Kan. Ct. App. 1986). “58-2553(a)(3) provides: “(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: “(3) maintain in good and safe working order and condition all .”
Joe v. Spangler, 631 P.2d 1243 (Kan. Ct. App. 1981). “58-2549 provides that a rental agreement may not permit the receipt of rent free of the obligation to comply with subsection (a) of K.S.A. 58-2553. Thus, the provisions of 58-2553(a) cannot be waived by the tenant merely because he had prior knowledge of the defects.”
Washburn South Apts. v. Hession (Kan. Ct. App. 2025). “Hession also asserted two counterclaims: first, that Washburn South violated the RLTA by breaching its warranty of habitability under K.S.A. 58-2553 and second, that Washburn South's attempt to evict Hession was in retaliation for Hession reporting code violations to the City of…”
— K.S.A. § 58-2553(a)(3) — 5 cases
Jackson Ex Rel. Jackson v. Wood, 726 P.2d 796 (Kan. Ct. App. 1986). “58-2553(a)(3) provides: “(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: “(3) maintain in good and safe working order and condition all .”
O'NEILL v. Dunham, 203 P.3d 68 (Kan. Ct. App. 2009). “The Jackson court ruled the Kansas Residential Landlord and Tenant Act in K.S.A. 58-2553(a) (1), (2), and (3) imposes three duties upon all residential landlords in Kansas.”
Adam v. Andmark White Lakes Apts., LLC (D. Kan. 2024).
Edwards v. Klinedinst (D. Kan. 2024).
Atain Specialty Ins. Co. v. Eagle's Pointe, LLC (D. Kan. 2024).
— K.S.A. § 58-2553(a)(5) — 1 case
Time Warner Ent. Co. v. Atriums Partners, L.P., 232 F. Supp. 2d 1257 (D. Kan. 2002). “• State Law Time Warner contends that it has a legally enforceable right to provide cable service to the Atriums residents pursuant to Kan. Stat. Ann. § 58-2553 (a)(5). Time Warner correctly points out that the FCC Home Run Wiring Regulations do not apply in cases where the…”
— K.S.A. § 58-2553(a)(l) — 2 cases
Jackson Ex Rel. Jackson v. Wood, 726 P.2d 796 (Kan. Ct. App. 1986). “58-2553(a)(3) provides: “(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: “(3) maintain in good and safe working order and condition all .”
State v. Mwaura, 610 P.2d 662 (Kan. Ct. App. 1980). “58-2547 [prohibiting certain provisions in a rental agreement including waiver of rights under the Kansas Residential Landlord and Tenant Act, payment of the other party’s attorney fees, and exculpation of any liability under the law]; K.”
— K.S.A. § 58-2553(b) — 1 case
Washburn South Apts. v. Hession (Kan. Ct. App. 2025). “Hession also asserted two counterclaims: first, that Washburn South violated the RLTA by breaching its warranty of habitability under K.S.A. 58-2553 and second, that Washburn South's attempt to evict Hession was in retaliation for Hession reporting code violations to the City of…”
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