58-2563.
Unlawful removal or exclusion of tenant; diminished services; damages; security deposit.
If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than one and one-half (1½) months' periodic rent or the damages sustained by the tenant, whichever is greater. 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.
History:
L. 1975, ch. 290, § 24; July 1.
Notes of Decisions
Cited in
6
cases (
3 in the last 5 years), 1979–2026 · leading case:
Geiger v. Wallace, 664 P.2d 846 (Kan. 1983).
Geiger v. Wallace, 664 P.2d 846 (Kan. 1983).
· cites it 10× ““The Court further finds that under the claim of Count #1 of plaintiff s petition the Court finds that the landlord caused diminished electrical services to be furnished to this apartment and that the landlord through the defendant excluded the plaintiff from the said rental…”
Clark v. Walker, 590 P.2d 1043 (Kan. 1979).
“In another statute weighted in the tenant’s favor, a tenant is given the right to recover the greater of his actual damages or one-and-one-half month’s rent if he is unlawfully prevented from entering his apartment by the landlord (K.S.A. 58-2563). Although the statutory…”
Case & Assocs. Props. Inc. v. Bribiesca, 427 P.3d 987 (Kan. Ct. App. 2018).
· cites it 3× “91 for high utilities; (5) $292 remaining from her unit 1812 security deposit; (6) a new lease with fair market rental values; (7) moving costs, if forced to move; and (8) under the provisions of K.S.A. 58-2563, Case should pay "1 1/2 times the total of all the damages" from the…”
Williamson v. MJB Hotels (Kan. Ct. App. 2021).
· cites it 2× “Williamson's petition lists five claims against American Motel (MJB): (1) violating K.S.A. 58-2563 of the RLTA; (2) violating "Federal Law and Kansas State law" by refusing to provide a room for him; (3) harassment by causing unjustified stress; (4) invasion of privacy; and (5)…”
Edwards v. Klinedinst (D. Kan. 2024).
· cites it 2× “And it denied the Edwardses’ coun- terclaims, reasoning that neither K.S.A. § 58-2563, nor § 58-2550, nor § 58-2571(b), nor § 58-2557 provided them grounds for their requested relief.”
Hous. Auth. of Kansas City v. McConnell (Kan. Ct. App. 2026).
“, K.S.A. 58-2563 (stating tenant who has been improperly evicted may recover one-and-a-half months' rent or actual damages sustained by the tenant, whichever is greater).”
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