Printable Format58-2507. Termination of lease for three months or longer; notice; effect of payment of rent. If a tenant for a period of three months or longer neglect or refuse to pay rent when due, ten days' notice in writing to quit shall determine the lease, unless such rent be paid before the expiration of said ten days.
History: G.S. 1868, ch. 55, ยง 7; October 31; R.S. 1923, 67-507.
Law Review and Bar Journal References:
"URLTA, Kansas, and the Common Law," Michael J. Davis, 21 K.L.R. 387, 412 (1973).
"The New Residential Landlord and Tenant Act," John W. Brand, Jr., 44 J.B.A.K. 227, 234 (1975).
CASE ANNOTATIONS
1. Substantial compliance with statute held sufficient. Burnes v. McCubbin, 3 Kan. 221.
2. Lease considered as still subsisting where landlord does not re-enter. Alexander v. Touhy, 13 Kan. 64.
3. "To quit" and "to leave" held synonymous. Douglass v. Anderson, 32 Kan. 350, 4 P. 257.
4. Notice necessary before suit for forcible entry and detainer. Douglass v. Whitaker, 32 Kan. 381, 4 P. 874.
5. When lease deemed terminated; notice under justices' code held premature. Douglass v. Parker, 32 Kan. 593, 5 P. 178.
6. Rental advancement; penalty or liquidated damages; possession taken by landlord. Cunningham v. Stockton, 81 Kan. 780, 787, 106 P. 1057.
7. Lease for period of one year; ten days' notice required. Norris v. McKee, 102 Kan. 63, 65, 169 P. 201.
8. Cited; tenant holding over after lease expires is tenant from year to year. McElroy v. Ball, 149 Kan. 284, 286, 87 P.2d 608.
9. Farm year to year tenancy held properly terminated; right to crops; parol lease; holding over; year to year; termination; growing crops. Fox v. Flick, 166 Kan. 533, 538, 539, 203 P.2d 186.
10. Tenant tendered rent in amount unacceptable to and refused by landlord although greater than rents necessary to leases in question; does not constitute neglect or refusal to pay. Dole v. Phipps, 195 Kan. 496, 497, 407 P.2d 556.