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When the Landlord Does Not Hand Over the Unit

K.S.A. 58-2560 — rent stops, and five days' written notice ends the lease with the whole deposit back

If the landlord does not deliver the unit when the lease says, rent stops until it is delivered, and the tenant may take either course.

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Who handles this in Kansas: legal aid programs, lawyer referral and the state offices, listed in the Kansas directory.

  • End the lease on at least five days' written notice to the landlord, and get back the whole deposit.
  • Demand the landlord perform, sue for possession against the landlord or whoever is wrongfully in the unit, and recover damages.
  • K.S.A. 58-2560

Where the failure was willful and not in good faith, the person responsible owes up to one and a half months' rent or one and a half times the actual damages, whichever is greater.

  • K.S.A. 58-2560
Sources for this section (1)
  1. K.S.A. 58-2560 — Failure by landlord to deliver possession; remedies

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kansas attorney.

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