58-2565. Extended absence of tenant; damages; entry by landlord; abandonment by tenant, when; reasonable effort to rent required; termination of rental agreement, when; personal property of tenant; di
58-2565
58-2565. Extended absence of tenant; damages; entryby landlord; abandonment by tenant, when; reasonable effort to rent required;termination of rental agreement, when; personal property of tenant;disposition, procedure; proceeds; rights of person receiving property.(a) If the rental agreement requires the tenant to give notice to thelandlord of an anticipated extended absence in excess of seven daysrequired in K.S.A. 58-2558, and amendments thereto, and the tenantwillfully fails to doso, the landlord may recover actual damages from the tenant.
(b) During any absence of the tenant in excess of 30days, thelandlord may enter the dwelling unit at times reasonably necessary. If,after the tenant is 10 days in default for nonpayment of rentand hasremoved a substantial portion of such tenant's belongings from the dwellingunit, the landlord may assume that the tenant has abandoned the dwellingunit, unless the tenant has notified the landlord to the contrary.
(c) If the tenant abandons the dwelling unit, the landlord shall makereasonable efforts to rent it at a fair rental. If the landlord rents thedwelling unit for a term beginning prior to the expiration of the rentalagreement, it is deemed to be terminated as of the date the new tenancybegins. The rental agreement is deemed to be terminated by the landlord asof the date the landlord has notice of the abandonment, if the landlordfails to use reasonable efforts to rent the dwelling unit at a fair rentalor if the landlord accepts the abandonment as a surrender. If the tenancyis from month-to-month, or week-to-week, the term of the rental agreementfor this purpose shall be deemed to be a month or a week, as the case maybe.
(d) If the tenant abandons or surrenders possession of the dwelling unitand leaves household goods, furnishings, fixtures or any other personalproperty in or at the dwelling unit or if the tenant is removed from thedwelling unit as a result of a forcible detainer action, pursuant to K.S.A. 61-3801 through 61-3808, andamendments thereto, and fails to remove anyhousehold goods, furnishings, fixtures or any other personal property in or atthe dwelling unit after possession of the dwelling unit isreturned to the landlord,the landlord may take possession ofthe property, store it at tenant's expense and sell or otherwise dispose ofthe same upon the expiration of 30 days after the landlordtakespossession of the property, if at least 15 days prior tothe saleor other disposition of such property the landlord shall publish once in anewspaper of general circulation in the county in which such dwelling unitis located a notice of the landlord's intention to sell or dispose of suchproperty. Within seven days after publication, a copy of thepublishednotice shall be mailed by the landlord to the tenant at the tenant's lastknown address. Such notice shall state the name of the tenant, abriefdescription of the property and the approximate date on which the landlordintends to sell or otherwise dispose of such property. If the foregoingrequirements are met, the landlord may sell or otherwise dispose of theproperty without liability to the tenant or to any other person who has orclaims to have an interest in such property, except as to anysecuredcreditor who gives notice of creditor's interest in suchproperty to thelandlord prior to the sale or disposition thereof, if the landlord has noknowledge or notice that any person, other than the tenant, has or claimsto have an interest in such property. During such30 [30-day] period afterthe landlord takes possession of the property, and at any time prior tosale or other disposition thereof, the tenant may redeem the property uponpayment to the landlord of the reasonable expenses incurred by the landlordof taking, holding and preparing the property for sale and of any amountdue from the tenant to the landlord for rent or otherwise.
(e) Any proceeds from the sale or other disposition of the property asprovided in subsection (d) shall be applied by the landlord in thefollowing order:
(1) To the reasonable expenses of taking, holding, preparing for sale ordisposition, giving notice and selling or disposing thereof;
(2) to the satisfaction of any amount due from the tenant to thelandlord for rent or otherwise; and,
(3) the balance, if any, may be retained by the landlord, withoutliability to the tenant or to any other person, other than a securedcreditor who gave notice of creditors interest as providedin subsection(d), for any profit made as a result of a sale or other disposition of suchproperty.
(f) Any person who purchases or otherwise receives the property pursuantto a sale or other disposition of the property as provided under subsection(d) of this section, without knowledge that such sale or disposition is inviolation of the ownership rights or security interest of a third party inthe property, takes title to the property free and clear of any right,title, claim or interest of the tenant or such third party in the property.
History: L. 1975, ch. 290, § 26;L. 1996, ch. 113, § 1;L. 2000, ch. 161, § 107; Jan. 1, 2001.