58-2504. Termination of tenancy at will; notice. Thirty days' notice in writing is necessary to be given by either party before he or she can terminate a tenancy at will, or from one period to another of three months or less; but where in any case rent is reserved payable at intervals of less than thirty days, the length of notice need not be greater than such interval between the days of payment: Provided, however, That when premises are furnished or let by an employer to an employee, said tenancy shall cease and determine ten days after written notice to vacate: Provided further, That not more than fifteen (15) days' notice in writing by a tenant shall be necessary to terminate any tenancy as described in this section of persons in the military service of the United States in which the termination of tenancy is necessitated by military orders.
History: G.S. 1868, ch. 55, § 4; L. 1919, ch. 223, § 1; R.S. 1923, 67-504; L. 1967, ch. 305, § 1; L. 1973, ch. 223, § 1; July 1.
Law Review and Bar Journal References:
Amendment to section (K.S.A. 67-504) proposed by military law section of Kansas bar association, 35 J.B.A.K. 143, 144 (1966).
Survey of Kansas law on real and personal property (1965-1969), 18 K.L.R. 427, 430 (1970).
Landlord-tenant implied warranty of habitability, 22 K.L.R. 676, 680 (1974).
CASE ANNOTATIONS
1. New notice not required after tenant repudiates lease. Douglass v. Anderson, 32 Kan. 350, 4 P. 257.
2. Conveyance not notice when made by prior grantor. Dunn v. Jaffray, 36 Kan. 408, 13 P. 781.
3. Notice waived when landlord resumes possession immediately after tenant quits; tenancy terminated by actual notice and suit for rent. Betz v. Maxwell, 48 Kan. 142, 29 P. 147.
4. When nature of tenancy not changed; statutory notice sufficient. Moran v. Moran, 54 Kan. 270, 272, 38 P. 268.
5. Notice required where tenancy not terminated by conduct of parties. McAllister v. Miller, 130 Kan. 77, 78, 285 P. 532.
6. Cited; compliance with Federal Emergency Price Control Act prerequisite to maintain ejectment action. Ritchie v. Johnson, 158 Kan. 103, 104, 144 P.2d 925.
7. Notice of termination of farm tenancy. Way v. Swain, 158 Kan. 238, 241, 146 P.2d 414.
8. Applied in forcible entry and detainer action; K.S.A. 61-1304 construed. Gunter and Eiznhamer, 165 Kan. 510, 513, 515, 196 P.2d 177.
9. Length of notice to vacate sufficient; subsequent notice did not invalidate. Lewis v. Victory Oil Co., 170 Kan. 660, 664, 228 P.2d 709.
10. Applied; notice terminating month to month tenancy held adequate. Faris v. United States, 192 F.2d 53, 55.
|
|