Renting a property in Kansas can be a convenient and affordable option for many people, but it also comes with some uncertainties and challenges. One of the most common issues that tenants face is rent increases. How much can a landlord raise the rent? How often can they do it? What are the rights and responsibilities of both parties? This article will provide some basic information and guidance on the rent increase laws in Kansas, based on the sources I found online.
Rent Control in Kansas
Rent control is a term that refers to laws or regulations that limit the amount or frequency of rent increases, or establish a standard formula for determining rent changes. Rent control laws are usually enacted by local governments to protect tenants from excessive or unfair rent hikes, especially in areas with high demand and low supply of housing.
However, rent control is not allowed in Kansas. According to the Kansas Statutes Annotated, section 12-16,120, “No city or county shall enact, maintain or enforce any ordinance or resolution which would have the effect of controlling the amount of rent charged for leasing private residential or commercial property.” This means that landlords in Kansas can charge any amount of rent they want, as long as they follow the terms of the lease agreement and the state law.
Rent Increase Notice in Kansas
Even though landlords in Kansas can raise the rent by any amount, they still have to give proper notice to the tenants before doing so. The notice requirement depends on the type of tenancy and the rental unit.
For month-to-month tenancies, landlords must give at least 30 days’ written notice before increasing the rent.
For mobile home park tenancies, landlords must give at least 60 days’ written notice before increasing the rent.
For fixed-term leases, landlords cannot increase the rent during the lease period, unless the lease allows it. In that case, the lease will specify the amount and timing of the rent increase, and the notice requirement, if any.
The notice of rent increase must be delivered to the tenant personally, or sent by mail to the tenant’s last known address. The notice must state the amount of the new rent, the date when it will take effect, and the reason for the increase, if any.
Rent Increase Reasons in Kansas
Landlords in Kansas can raise the rent for any reason, as long as it is not discriminatory or retaliatory. Discriminatory reasons are those that violate the federal Fair Housing Act or the Kansas Act Against Discrimination, which prohibit landlords from discriminating against tenants based on their race, color, religion, sex, disability, familial status, national origin, ancestry, or sexual orientation.
Retaliatory reasons are those that violate the Kansas Residential Landlord and Tenant Act, which prohibits landlords from increasing the rent in response to a tenant’s lawful actions, such as complaining about the housing conditions, joining a tenant organization, or exercising their legal rights.
Some of the common reasons that landlords may raise the rent include:
Market conditions: Landlords may adjust the rent according to the supply and demand of the rental market, the location and condition of the property, and the comparable rents in the area.
Operating costs: Landlords may increase the rent to cover the rising costs of maintaining and improving the property, such as taxes, insurance, utilities, repairs, and renovations.
Profit: Landlords may raise the rent to earn a higher return on their investment, or to recover the costs of purchasing or financing the property.
Rent Increase Disputes in Kansas
If a tenant receives a notice of rent increase that they believe is unfair, illegal, or unreasonable, they have some options to dispute it or negotiate with the landlord. Some of the possible steps that a tenant can take are:
Talk to the landlord: The tenant can try to communicate with the landlord and explain why they think the rent increase is unjustified or excessive. The tenant can also provide evidence of the market value of the property, the condition of the unit, and the rent history. The tenant can ask the landlord to reconsider the rent increase, or to lower it to a more reasonable amount.
Seek legal advice: The tenant can consult with a lawyer or a legal aid organization to get more information about their rights and options. The tenant can also contact the Kansas Human Rights Commission or the U.S. Department of Housing and Urban Development if they suspect that the rent increase is discriminatory.
Move out: The tenant can decide to terminate the tenancy and move out, if they cannot afford or accept the new rent. The tenant must give proper notice to the landlord, according to the type of tenancy and the lease agreement. The tenant must also pay the rent until the end of the notice period, or until the landlord finds a new tenant, whichever comes first.
Stay and pay: The tenant can choose to stay and pay the new rent, if they want to keep the rental unit and have no grounds to challenge the rent increase. The tenant must pay the rent on time and in full, or risk eviction.
Conclusion
Rent increases are a common and often inevitable part of renting a property in Kansas. However, tenants should be aware of the rent increase laws in Kansas, and their rights and responsibilities as renters. Tenants should also keep a good relationship with their landlords, and try to resolve any rent increase issues amicably and respectfully. By doing so, tenants can enjoy a more stable and comfortable rental experience in Kansas.