Kansas Statutes 58-25,109. Disclosures required of landlord or person authorized to enter rental agreement; person failing to comply becomes landlord’s agent for certain purposes; rental agreement not signed and delivered given effect by certain act…
Terms Used In Kansas Statutes 58-25,109
- Landlord: means the owner, lessor or sublessor of the dwelling unit, or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by Kan. See Kansas Statutes 58-2543
- Mobile home: means a structure which:
(1) Is transportable in one or more sections which, in the traveling mode, is 8 body feet or more in width and 36 body feet or more in length and is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; and
(2) is not subject to the federal manufactured home construction and safety standards established pursuant to 42 U. See Kansas Statutes 77-201
- Owner: means one or more persons, jointly or severally, in whom is vested: (1) All or part of the legal title to property; or (2) all or part of the beneficial ownership and a right to prevent use and enjoyment of the premises; and such term includes a mortgagee in possession. See Kansas Statutes 58-2543
- Person: includes an individual or organization. See Kansas Statutes 58-2543
- Rent: means all payments to be made to the landlord under the rental agreement, other than the security deposit. See Kansas Statutes 58-2543
- Rental agreement: means all agreements, written or oral, and valid rules and regulations adopted under Kan. See Kansas Statutes 58-2543
- Service of process: The service of writs or summonses to the appropriate party.
- Tenant: means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others. See Kansas Statutes 58-2543
(a) The landlord or any person authorized to enter into a rental agreement on the landlord’s behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:
(1) The person authorized to manage the mobile home park; and
(2) the owner of the mobile home park or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.
(b) The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner or manager.
(c) A person who fails to comply with subsection (a) becomes an agent of each person who is a landlord for the following purposes:
(1) Service of process and receiving and receipting for notices and demands; or
(2) performing the obligations of the landlord under this act and under the rental agreement and expending or making available for the purpose all rent collected from the mobile home park.
(d) (1) If the landlord does not sign and deliver a written rental agreement which has been signed and delivered to such landlord by the tenant, the knowing acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord.
(2) If the tenant does not sign and deliver a written rental agreement which has been signed and delivered to such tenant by the landlord, the knowing acceptance of possession and payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant.
(3) If a rental agreement given effect by the operation of this subsection provides for a term longer than one year, it is effective only for one year.
(e) The landlord or any person authorized to enter into a rental agreement on the landlord’s behalf shall provide a written explanation of utility rates, charges and services to the prospective tenant before the rental agreement is signed unless the utility charges are paid by the tenant directly to the utility company.
(f) Each tenant shall be notified, in writing, of any rent increase at least 60 days before the effective date. Such effective date shall not be sooner than the expiration date of the original rental agreement or any renewal or extension thereof.