DisputeKit / Kansas
How long does a Kansas landlord have to return a security deposit?
30 days. Under Kansas Statutes Annotated § 58-2550, a landlord must return the balance of the security deposit, with a written notice itemizing any amounts kept for rent or damages within 30 days. The clock starts when you move out and hand back possession of the unit. A court may also award the portion of the deposit due plus damages equal to one and one-half times the amount wrongfully withheld, if the landlord does not comply with the return rules.
I moved out of my place in on and my landlord still has my $ deposit.
Fill in the blanks to see your deadline. Free, no account.
Conditions that change the deadline
- The 30 days run once the tenancy has ended, possession has been handed back and the tenant has demanded the deposit, so send a written demand promptly.
- Within that limit, the balance is due 14 days after the landlord determines the amount of the deductions.
- If the tenant does not demand the deposit within 30 days after the tenancy ends, the landlord must mail the amount due to the tenant's last known address.
What Kansas law says about deductions and your rights
- Deductions are limited to accrued rent and damages caused by the tenant's failure to meet the tenant's legal duties and the rental agreement, itemized in a written notice.
- The deposit for an unfurnished unit may not exceed one month's rent (1.5 months if furnished, plus up to half a month's rent for pets).
- Unless the rental agreement allows it, a tenant may not use the deposit as the last month's rent.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Kansas is $10,000 under the Kansas small claims procedure in district court, and the filing fee is $35 for claims up to $500 and $55 for larger claims; a person may file no more than 20 small claims in the same court per year.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit
- Count 30 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Kansas?
The clock starts when you move out and hand back possession of the unit.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Kansas law allows a court to award the portion of the deposit due plus damages equal to one and one-half times the amount wrongfully withheld, if the landlord does not comply with the return rules. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Kansas is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.