58-2560. Failure by landlord to deliver possession; remedies.
58-2560
58-2560. Failure by landlord to deliver possession; remedies.If the landlord fails to deliver possession of the dwelling unit to thetenant as provided in K.S.A. 58-2552, rent abates untilpossession is delivered and the tenant:
(a) Upon at least five days' written notice to the landlord, mayterminate the rental agreement and upon termination the landlord shallreturn all of the security deposit; or
(b) may demand performance of the rental agreement by the landlord and,if the tenant elects, maintain an action for possession of the dwellingunit against the landlord, or any person wrongfully in possession, andrecover the damages sustained by such tenant.
If a person's failure to deliver possession is willful and not in goodfaith, an aggrieved party may recover from such person an amount not morethan one and one-half (1 1/2) months' periodic rent or one and one-half(1 1/2) times the actual damages sustained by such party, whichever isgreater.
History: L. 1975, ch. 290, § 21; July 1.