Kansas security deposit law: one month, a 30 day outer limit and a move-in inventory
K.S.A. 58-2550 limits a deposit to one month's rent for an unfurnished unit, one and a half months for a furnished one, and adds half a month for pets. The balance is due within 14 days of deciding the deductions, but never later than 30 days after the tenancy ends.
How much can a Kansas landlord collect?
| Situation | Limit in K.S.A. 58-2550(a) |
|---|---|
| Unfurnished unit | One month's periodic rent |
| Landlord furnishes furniture the tenant uses | One and a half months' rent |
| Pets allowed in the unit | An additional deposit up to half of one month's rent |
| Subsidized municipal housing authority | A schedule set by the authority, with a deferred payment plan |
Example a made-up tenant rents a furnished apartment for $900 a month with a cat. The furniture ceiling is $1,350 and the pet add-on is up to $450, so the most the landlord can hold is $1,800.
What happens at move-in?
Section 58-2548 requires the landlord, or the landlord's designated representative, and the tenant to jointly inventory the premises within five days of the initial date of occupancy or delivery of possession. A written record details the condition of the premises and any furnishings or appliances provided. Duplicate copies are signed by both and the tenant receives a copy. That signed record is the baseline for every damage deduction later, so skipping it weakens your position on the deposit.
How does the return timing work?
Section 58-2550(b) lets you apply the deposit to accrued rent and to damages from the tenant's noncompliance, itemized in a written notice delivered to the tenant. If you propose to keep part of the deposit for expenses, damages or other allowed charges other than rent, you return the balance within 14 days after you determine the amount of those charges, but in no event more than 30 days after the tenancy ends, possession is delivered and the tenant demands the deposit.
If the tenant does not make that demand within 30 days after the tenancy ends, the landlord mails the tenant's share to the last known address. A tenant who has not given an address does not stop your obligation.
Example a made-up tenant hands in keys on June 1. The landlord gets the carpet quote on June 9 and decides on a $260 deduction that day. The 14 days from June 9 run to June 23, which is within the June 30 outer limit, so the landlord must pay by June 23. If the quote had arrived on June 25, the outer limit of June 30 would govern instead.
What is the penalty, and what can the tenant not do?
Subsection (c) says a landlord who fails to follow the return rules is liable for the portion of the deposit due plus damages equal to one and a half times the amount wrongfully withheld. Subsection (e) keeps other damages under the act available to either side, and subsection (f) binds whoever holds the landlord's interest when the tenancy ends.
The tenant has a rule to follow as well. Under subsection (d), unless the rental agreement says otherwise, a tenant may not deduct any part of the deposit from the last month's rent or use it in place of rent. A tenant who does forfeits the deposit, and you may recover the rent due as if it had not been applied.
Where DoorKeeping helps
The move-in inventory is easy to lose in a drawer. DoorKeeping stores the signed condition record and photos with the lease, shows the 30 day outer date on the move-out list and drafts the itemized notice for you to check. If a tenant tries to use the deposit as last month's rent, the ledger shows the shortfall at once. Your money stays in your own account. This is general information, not legal advice. Check the current statute or ask a local attorney before you rely on it.
Sources
Questions
- What is the Kansas security deposit limit?
- One month's periodic rent for an unfurnished unit, one and a half months if the landlord furnishes furniture, and up to half a month more when pets are allowed.
- How long does a Kansas landlord have to return a deposit?
- The balance is due within 14 days after the landlord determines the deductions, and never more than 30 days after the tenancy ends, possession is delivered and the tenant demands it.
- What does a Kansas landlord owe for withholding wrongly?
- The portion of the deposit due plus damages of one and a half times the amount wrongfully withheld.
- Can a Kansas tenant use the deposit as the last month's rent?
- Not unless the rental agreement allows it. A tenant who does forfeits the deposit and you may recover the rent as if it had not been deducted.