When the Landlord Will Not Fix It

• The landlord complies with the building and housing codes that materially affect health and safety.
• The landlord keeps the electrical, plumbing, sanitary, heating, ventilating and air conditioning systems supplied with the unit in good and safe working order.
• The landlord uses reasonable care in keeping up the common areas, and provides for the removal of garbage.
• The landlord supplies running water, reasonable hot water at all times, and reasonable heat.

• §K.S.A. 58-2553StatuteDuties of landlord; agreement that tenant perform landlord's duties; limitationsOpens kslegislature.gov ↗

For a material breach, the tenant may give the landlord written notice naming the problem and saying the lease ends on a rent day at least 30 days after the landlord receives it. If the landlord starts a good faith effort to fix it within 14 days, the lease does not end, but if the same breach comes back after that, a second notice ends it.

• §K.S.A. 58-2559StatuteMaterial noncompliance by landlord; notice; termination of rental agreement; limitations; remedies; security depositOpens kslegislature.gov ↗

The tenant may also sue for damages and an injunction. In a landlord's suit over unpaid rent, the tenant must raise any claim against the landlord as a counterclaim or it is waived, and the court may have the rent paid into court meanwhile.

• §K.S.A. 58-2559StatuteMaterial noncompliance by landlord; notice; termination of rental agreement; limitations; remedies; security depositOpens kslegislature.gov ↗
• §K.S.A. 58-2561StatuteAction for possession for nonpayment of rent; counterclaim, waiver; accrued rent, payment into court; disposition; when judgment for tenantOpens kslegislature.gov ↗