Everything You Need to Know About the Kansas Security Deposit Law

Every state has different rules and regulations when it comes to renting out properties to tenants. This is why it’s always a good idea to brush up on local laws or talk to a local real estate lawyer anytime you’re expanding business into a new geographical area. For example, just as you’d want to find reputable Kansas City mortgage lenders if you’re planning to purchase property in Kansas, you’d also want to talk to a Kansas City real estate lawyer to make sure you understand how tenant law works in the state.  Of course, it’s always a good idea to go into such consultations with a general knowledge of how the state operates, because doing so makes for a much more productive conversation. One unique aspect of Kansas is its approach to security deposits. Here’s a quick rundown on the Kansas security deposit law.

It sets out maximum amounts for your security deposit

When setting your security deposit amount, Kansas does limit how high you can make your deposit. Part of this pricing depends on whether or not you choose to furnish your apartment or not. If the unit is unfurnished, your security deposit can only be a maximum of one month’s rent. However, if the unit is furnished, that number increases to one-and-a-half of a month’s rent. If you’re a particularly cautious landlord and want the maximum amount possible for your tenant’s security deposit, it might make sense to furnish your apartment. Keep in mind, however, that high security deposits can deter some tenants, so make sure to disclose this on your tenant application on turbotenant or whichever software platform you use to vet applicants.

You keep a deposit for only three reasons

Unlike some other states, in Kansas you have only three circumstances in which you can keep all or part of a tenant’s security deposit. One reason is if they haven’t paid their rent. While this comes up occasionally, it’s not as common as the next reason: You’re allowed to keep their deposit if damage is in excess of what is considered normal wear and tear. The final reason you can keep a tenant’s security deposit is if there is another violation of the tenant’s lease agreement. This is why you want to make sure that you clearly spell out any behavior or conduct that isn’t permissible in your unit if you want to protect your rights as a landlord.

There’s an explicit timeline for returning the deposit when tenants move out

When you want to collect part or all of a tenant’s security deposit, you’ll need to provide them with written notice of your intent to do so. This starts the clock for how much time you have to return their deposit and how long they have to respond to your claim. Once the tenant has left the unit, a landlord has 30 days to return the security deposit to them, usually by mail. Additionally, if you have decided that you’re entitled to take a portion out of their deposit, you’ll have 14 days to do so. This must be accomplished within the 30-day timeline set out above. Failing to provide notice or return what is owed to the tenant in the proper amount of time can jeopardize your right to keep any portion, should the tenant press charges.

As you can see, the Kansas security deposit law isn’t complicated, but it does have a few important guidelines that need to be followed if you want to abide by it. Anytime you have a question about any local ordinance and its connection with your property management business, it can be beneficial to consult with a real estate lawyer or specializes in tenant and landlord law. Doing so will protect your business and ensure that you’re operating your company in accordance with the law.