Overview
Kansas has clearly defined security deposit laws under the Residential Landlord and Tenant Act. The state sets specific caps based on whether a unit is furnished or unfurnished and allows an additional pet deposit. Kansas also requires a 30-day return timeline and provides penalties for landlords who fail to comply.
This guide covers everything landlords and tenants need to know about security deposits in Kansas.
Deposit Limits
Kansas law sets the following limits on security deposits:
- Unfurnished units: Maximum of 1 month's rent
- Furnished units: Maximum of 1.5 months' rent
- Pet deposit: An additional 0.5 month's rent may be charged for tenants who have pets
These limits apply to the total deposit collected. Landlords may not circumvent the caps by labeling additional charges as "fees" rather than deposits. Any amount collected as security, regardless of what it is called, counts toward the statutory limit.
Allowable Deductions
Landlords may only deduct from the security deposit for the following reasons:
- Unpaid rent: Any rent owed at the time of move-out
- Damage beyond normal wear and tear: Repairs for tenant-caused damage to the property
- Cleaning: Costs to restore the unit to its move-in condition
- Other lease obligations: Charges for breach of the rental agreement that are specifically outlined in the lease
What Constitutes Normal Wear and Tear?
Normal wear and tear includes:
- Minor scuffs on walls
- Small nail holes from hanging pictures
- Worn carpet from regular use
- Faded paint due to sunlight exposure
Damage beyond normal wear and tear includes:
- Large holes in walls or doors
- Stained, burned, or torn carpet
- Broken windows, fixtures, or appliances
- Pet damage to flooring, walls, or doors
- Unauthorized alterations to the property
Return Timeline
Landlords must return the security deposit within 30 days of the tenant vacating the unit and providing a forwarding address. The return must include:
- The remaining deposit amount (if any deductions were made)
- An itemized written statement listing each deduction and the amount
If the landlord fails to return the deposit or provide the required itemized statement within 30 days, the landlord forfeits the right to withhold any portion of the deposit and may be liable for 1.5 times the amount wrongfully withheld, plus reasonable attorneys' fees.
Pre-Move-Out Inspection
Kansas does not have a statutory requirement for landlords to offer a pre-move-out inspection. However, Kansas does require a written move-in inventory of the condition of the unit, signed by both the landlord and tenant. This inventory serves as the baseline for assessing damages at move-out.
Tenants are encouraged to:
- Ensure the move-in inventory is thorough and accurate before signing
- Document the condition of the unit at move-out with photos and video
- Make any necessary repairs or cleaning before vacating to maximize the deposit return
Dispute Resolution
If a tenant believes their deposit was wrongfully withheld, they can:
- Send a demand letter to the landlord requesting the return of the deposit
- File a claim in Small Claims Court (up to $4,000 in Kansas)
- Seek statutory penalties: Courts may award 1.5 times the amount wrongfully withheld if the landlord failed to comply with the law
- Recover attorneys' fees: Prevailing tenants may be awarded reasonable attorneys' fees in addition to damages
Tenants who maintained a thorough move-in inventory and documented the unit's condition at move-out will have the strongest position in any dispute.