58-2564.
Material noncompliance by tenant; notice; termination of rental agreement; limitations; nonpayment of rent; remedies.
(a) Except as otherwise provided in the residential landlord and tenant act, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with K.S.A. 58-2555 and amendments thereto materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice, if the breach is not remedied in 14 days. The rental agreement shall terminate as provided in the notice regardless of the periodic rent-paying date, except that if the breach is remediable by repairs or the payment of damages or otherwise, and the tenant adequately initiates a good faith effort to remedy the breach prior to the date specified in the notice, the rental agreement will not terminate. However, in the event that such breach or a similar breach occurs after the 14-day period provided in this subsection, the landlord may deliver a written notice to the tenant that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice without providing the opportunity to remedy the breach. The rental agreement then shall terminate as provided in such notice regardless of the periodic rent-paying date.
(b) The landlord may terminate the rental agreement if rent is unpaid when due and the tenant fails to pay rent within three days, after written notice by the landlord of nonpayment and such landlord's intention to terminate the rental agreement if the rent is not paid within such three-day period. The three-day notice period provided for in this subsection shall be computed as three consecutive 24-hour periods. When such notice is served on the tenant or to some person over 12 years of age residing on the premises, or by posting a copy of the notice in a conspicuous place thereon, the three-day period shall commence at the time of delivery or posting. When such notice is delivered by mailing, an additional two days from the date of mailing should be allowed for the tenant to pay such tenant's rent and thereby avoid having the rental agreement terminated.
(c) Except as otherwise provided in the residential landlord and tenant act, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or K.S.A. 58-2555 and amendments thereto.
(d) The provisions of this section shall not limit a landlord's or tenant's right to terminate the rental agreement pursuant to K.S.A. 58-2570, and amendments thereto.
History:
L. 1975, ch. 290, § 25; L. 1978, ch. 218, § 1; L. 1978, ch. 217, § 1; L. 1992, ch. 306, § 1; July 1.
Notes of Decisions
Cited in
9
cases (
7 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).
“It was undisputed that the defendant never gave the plaintiff any statutory three-day notice as required by K.S.A. 1982 Supp. 58-2564(h) which provides in substance that the landlord may terminate the rental agreement if rent is unpaid when due and the tenant fails to pay rent…”
Fenn v. Windsor at Kingsborough, Inc., 603 P.2d 188 (Kan. 1979).
· cites it 2× “The provision in the act as to notice, K.S.A. 1978 Supp. 58-2564(a), reads: “(a) Except as otherwise provided in this act, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with K.”
Hous. Auth. of Kansas City v. McConnell (Kan. Ct. App. 2026).
· cites it 11× “K.S.A. 58-2564 establishes when and under what conditions a landlord may terminate a rental agreement, outlining the steps that must be taken before an eviction case is filed.”
Washburn South Apts. v. Hession (Kan. Ct. App. 2025).
· cites it 9× “K.S.A. 58-2564 establishes when and under what conditions a landlord may terminate a rental agreement—outlining the steps that must be taken before an eviction case is filed.”
Wesley Props. Mgmt., Inc. v. Hill (Kan. Ct. App. 2022).
· cites it 3× “Moreover, the language Wesley Properties Management used imparted fair notice of what steps would be taken, conforming to the purpose of K.S.A. 58-2564. Along the same lines, the Andruks contend Wesley Properties Management wrongfully refused Andruk's offer of the delinquent…”
Wesley Props. Mgmt., Inc. v. Hill (Kan. Ct. App. 2022).
· cites it 3× “Moreover, the language Wesley Properties Management used imparted fair notice of what steps would be taken, conforming to the purpose of K.S.A. 58-2564. Along the same lines, the Andruks contend Wesley Properties Management wrongfully refused Andruk's offer of the delinquent…”
Hill City Hous. Auth. v. Nevins (Kan. Ct. App. 2024).
· cites it 3× “Finally, he claimed that the Housing Authority failed to provide a 14/30-day notice of termination, as required by K.S.A. 58-2564(a). The district court denied Nevins' motion to dismiss and conducted a bench trial.”
Edwards v. Klinedinst (D. Kan. 2024).
· cites it 3× “It denied the request for immediate possession, reasoning that neither K.S.A. § 58-2564 nor § 58-2564 provided grounds for im- mediate possession.”
Landmark Dev. Grp. v. LuPardus (Kan. Ct. App. 2026).
· cites it 2× “K.S.A. 58-2564, which LuPardus also cites, allows a landlord to terminate a lease for nonpayment after notice, but does not excuse tenants from liability for rent or damages accrued before surrender of possession.”
— K.S.A. § 58-2564(a) — 3 cases
Fenn v. Windsor at Kingsborough, Inc., 603 P.2d 188 (Kan. 1979).
“The provision in the act as to notice, K.S.A. 1978 Supp. 58-2564(a), reads: “(a) Except as otherwise provided in this act, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with K.”
Hous. Auth. of Kansas City v. McConnell (Kan. Ct. App. 2026).
“K.S.A. 58-2564 establishes when and under what conditions a landlord may terminate a rental agreement, outlining the steps that must be taken before an eviction case is filed.”
Hill City Hous. Auth. v. Nevins (Kan. Ct. App. 2024).
“Finally, he claimed that the Housing Authority failed to provide a 14/30-day notice of termination, as required by K.S.A. 58-2564(a). The district court denied Nevins' motion to dismiss and conducted a bench trial.”
— K.S.A. § 58-2564(b) — 3 cases
Washburn South Apts. v. Hession (Kan. Ct. App. 2025).
“K.S.A. 58-2564 establishes when and under what conditions a landlord may terminate a rental agreement—outlining the steps that must be taken before an eviction case is filed.”
Wesley Props. Mgmt., Inc. v. Hill (Kan. Ct. App. 2022).
“Moreover, the language Wesley Properties Management used imparted fair notice of what steps would be taken, conforming to the purpose of K.S.A. 58-2564. Along the same lines, the Andruks contend Wesley Properties Management wrongfully refused Andruk's offer of the delinquent…”
Wesley Props. Mgmt., Inc. v. Hill (Kan. Ct. App. 2022).
“Moreover, the language Wesley Properties Management used imparted fair notice of what steps would be taken, conforming to the purpose of K.S.A. 58-2564. Along the same lines, the Andruks contend Wesley Properties Management wrongfully refused Andruk's offer of the delinquent…”
— K.S.A. § 58-2564(c) — 1 case
Fenn v. Windsor at Kingsborough, Inc., 603 P.2d 188 (Kan. 1979).
“The provision in the act as to notice, K.S.A. 1978 Supp. 58-2564(a), reads: “(a) Except as otherwise provided in this act, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with K.”
— K.S.A. § 58-2564(h) — 1 case
Geiger v. Wallace, 664 P.2d 846 (Kan. 1983).
“It was undisputed that the defendant never gave the plaintiff any statutory three-day notice as required by K.S.A. 1982 Supp. 58-2564(h) which provides in substance that the landlord may terminate the rental agreement if rent is unpaid when due and the tenant fails to pay rent…”
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