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58-2553. Duties of landlord; agreement that tenant perform landlord's duties; limitations. (a) Except when prevented by an act of God, the failure of public utility services or other conditions beyond the landlord's control, the landlord shall:

(1) Comply with the requirements of applicable building and housing codes materially affecting health and safety. If the duty imposed by this paragraph is greater than any duty imposed by any other paragraph of this subsection, the landlord's duty shall be determined in accordance with the provisions of this paragraph;

(2) exercise reasonable care in the maintenance of the common areas;

(3) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating and air-conditioning appliances including elevators, supplied or required to be supplied by such landlord;

(4) except where provided by a governmental entity, provide and maintain on the grounds, for the common use by all tenants, appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal; and

(5) supply running water and reasonable amounts of hot water at all times and reasonable heat, unless the building that includes the dwelling units is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection. Nothing in this section shall be construed as abrogating, limiting or otherwise affecting the obligation of a tenant to pay for any utility service in accordance with the provisions of the rental agreement. The landlord shall not interfere with or refuse to allow access or service to a tenant by a communication or cable television service duly franchised by a municipality.

(b) The landlord and tenants of a dwelling unit or units which provide a home, residence or sleeping place for not to exceed four households having common areas may agree in writing that the tenant is to perform the landlord's duties specified in paragraphs (4) and (5) of subsection (a) of this section and also specified repairs, maintenance tasks, alterations or remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.

(c) The landlord and tenant of any dwelling unit, other than a single family residence, may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if:

(1) The agreement of the parties is entered into in good faith, and not to evade the obligations of the landlord, and is set forth in a separate written agreement signed by the parties and supported by adequate consideration;

(2) the work is not necessary to cure noncompliance with subsection (a)(1) of this section; and

(3) the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.

(d) The landlord may not treat performance of the separate agreement described in subsection (c) of this section as a condition to any obligation or the performance of any rental agreement.

History: L. 1975, ch. 290, § 14; L. 1982, ch. 230, § 2; July 1.

Law Review and Bar Journal References:

"The Mortgagee's Interest in Rents: Policy and Proposals," Patrick A. Randolph, Jr., 29 K.L.R. 1, 21 (1980).

"Survey of Kansas Law: Real Property," Michael J. Davis, 32 K.L.R. 773 (1984).

"Tenant Remedies for Breach of Habitability: Tort Dimensions of a Contract Concept," James Charles Smith, 35 K.L.R. 505, 510 (1987).

"Prosecuting and Defending Forcible Entry and Detainer Actions," Stephen Kirschbaum, 65 J.K.B.A. No. 7, 20 (1996).

"Recent Developments in Kansas Residential Landlord-Tenant and Eviction Law," Suzanne Carey McAllister, 55 K.L.R. 933 (2007).

CASE ANNOTATIONS

1. Mentioned in upholding constitutionality of subsection (d) of 58-2550. Clark v. Walker, 225 K. 359, 364, 590 P.2d 1043.

2. Cited in showing legislative intent to impose absolute and non-delegable duties on one party to contract. State v. Mwaura, 4 K.A.2d 738, 741, 610 P.2d 662.

3. Applied; violations of city housing code found to materially affect health and safety of tenant. Joe v. Spangler, 6 K.A.2d 630, 631, 632, 631 P.2d 1243 (1981).

4. Where landlord knew or should have known of defective condition, duty is owed to tenant and invited guests. Jackson v. Wood, 11 K.A.2d 478, 483, 484, 726 P.2d 796 (1986).

5. Measure of damages determined where landlord fails to comply with statutory duties. Love v. Monarch Apartments, 13 K.A.2d 341, 345, 771 P.2d 79 (1989).

6. Landlord's failure to supply hot water to tenant's bathtub determined not proximate cause of injuries to tenant's child. Aguirre v. Adams, 15 K.A.2d 470, 471, 809 P.2d 8 (1991).

7. Trial court did not err by failing to make written findings of fact pursuant to 60-252 in limited action case. Heckard v. Martin, 25 K.A.2d 162, 163, 958 P.2d 665 (1998).

8. Kansas residential landlord and tenant act imposes three duties on all Kansas residential landlords. O'Neil v. Durham, 41 K.A.2d 540, 203 P.3d 68 (2009).


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