Kansas Residential Lease Agreement

Kansas Residential Lease Agreement

FORM PL-KS-RL01 · REV. 10/2026

This Kansas Residential Lease Agreement (the "Agreement") is made and entered into

this _____ day of _____, 20_____, by and between:

Landlord: the person or entity named as Landlord in the Data Schedule below ("Landlord"), whose address for rent payment and notice purposes is the address stated for Landlord in the Data Schedule below; and

Tenant(s): the person(s) named in the Data Schedule below (collectively, "Tenant"). Each adult who signs this Agreement is a Tenant, and all Tenants are jointly and severally liable for every obligation of Tenant under this Agreement.

Premises: Landlord leases to Tenant, and Tenant leases from Landlord, the real property located in the county stated in the Data Schedule below, Kansas, with the street address stated in the Data Schedule below, together with all appurtenances (the "Premises").

Identity disclosure (K.S.A. 58-2551 — complete at or before commencement; Landlord shall keep this information current):

Person authorized to manage the Premises — name and address stated in the Data Schedule below.

Owner of the Premises, or person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands — name and address stated in the Data Schedule below.

In consideration of the mutual covenants and obligations contained in this Agreement, the parties agree as follows:

Terms and Conditions

1. TERM. CHECK EXACTLY ONE (if neither box is checked, Month-to-month applies under K.S.A. 58-2545(d)):

☐ Fixed term. The term of this Agreement is _____, beginning on _____, and ending at 11:59 p.m. on _____.

☐ Month-to-month. The tenancy begins on _____ and continues from month to month until terminated as provided in this Agreement and applicable law (see Section 16).

2. RENT.

(a)   Tenant shall pay rent of $_____ per month, due on the _____ day of each month, without demand, payable to Landlord at Landlord's address stated in the Data Schedule above (or at another address Landlord designates in writing). If a fixed term is elected, the total rent for the full term is $_____, payable in equal monthly installments as stated above. The first installment is due upon execution of this Agreement.

(b)   Prepaid last month's rent — CHECK EXACTLY ONE (if neither box is checked, Not elected applies):

☐ Not elected (the final installment is payable when ordinarily due).

☐ Elected: Tenant pays $_____ upon execution as prepaid rent for the last month of the term. If elected, the prepaid amount is held and accounted for as part of the security deposit under K.S.A. 58-2550, is aggregated with all other deposits under the caps stated in Section 3, and is applied to the last month's rent at the end of the term as this Agreement expressly provides (K.S.A. 58-2550(d)).

(c)   Payments are applied chronologically, in the order in which amounts come due.

(d)   Dishonored payments. If any check, draft, or order tendered by Tenant is dishonored, Landlord reserves all rights and remedies available under applicable law, including the service charge permitted under K.S.A. 60-2610(g) (not to exceed $30) and, after the written demand that statute requires, the civil damages K.S.A. 60-2610 provides.

3. SECURITY DEPOSIT. Upon execution of this Agreement, Tenant shall deposit with Landlord the sum of $_____, receipt of which Landlord acknowledges, as security for Tenant's performance of Tenant's obligations under this Agreement. That sum, together with any pet deposit under Section 18 and any prepaid last month's rent elected under Section 2(b), is the "Security Deposit" for purposes of this Section.

(a)   Furnishings — CHECK EXACTLY ONE (if neither box is checked, Unfurnished applies):

☐ Unfurnished.

☐ Furnished: this Agreement provides for Tenant's use of furniture owned by Landlord, as listed in the Condition Inventory.

(b)   Caps and aggregation (K.S.A. 58-2550(a)). The Security Deposit shall not exceed one (1) month's periodic rent if Unfurnished is checked, or one and one-half (1½) months' periodic rent if Furnished is checked; plus, where this Agreement permits pets, an additional pet deposit not to exceed one-half (½) of one (1) month's rent.

(c)   Application and return (K.S.A. 58-2550(b)). Upon termination of the tenancy, Landlord may apply the Security Deposit to accrued rent and to the amount of damages Landlord has suffered by reason of Tenant's noncompliance with K.S.A. 58-2555 or this Agreement, all as itemized by Landlord in a written notice delivered to Tenant. If Landlord proposes to retain any portion of the Security Deposit for expenses, damages, or other legally allowable charges under this Agreement other than rent, Landlord shall return the balance within fourteen (14) days after the amount of such expenses, damages, or other charges is determined, and in no event more than thirty (30) days after termination of the tenancy, delivery of possession, and demand by Tenant. If Tenant makes no demand within thirty (30) days after termination of the tenancy, Landlord shall mail the amount due to Tenant's last known address. The Security Deposit is held without interest and need not be segregated.

(d)   Tenant shall not apply or deduct any portion of the Security Deposit from the last month's rent, or use or apply the Security Deposit at any time in lieu of payment of rent, except as expressly elected under Section 2(b) (K.S.A. 58-2550(d)). If Tenant fails to comply with this subsection, the Security Deposit shall be forfeited and Landlord may recover the rent due as if the deposit had not been applied or deducted (K.S.A. 58-2550(d)). Nothing in this Section limits Landlord's recovery of other damages to which Landlord is entitled under the Act (K.S.A. 58-2550(e)).

4. USE OF PREMISES. The Premises shall be used and occupied by Tenant and the following occupants, exclusively, as a private single-family dwelling:

_____.

Occupants who are not Tenants (including minors) are listed for occupancy identification only and are not parties to this Agreement. No part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single-family dwelling. Tenant shall not allow any person, other than the occupants listed above or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord's written consent. No guest may stay more than _____ consecutive days, or more than _____ days in any twelve-month period, without Landlord's prior written consent; a guest who exceeds either limit is an unauthorized occupant. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.

5. CONDITION OF PREMISES; JOINT INVENTORY (K.S.A. 58-2548). Within five (5) days of the initial date of occupancy or upon delivery of possession, Landlord (or Landlord's designated representative) and Tenant shall jointly inventory the Premises and shall complete the Kansas Residential Lease Condition Inventory accompanying this Agreement, recording the condition of the Premises and any furnishings or appliances provided. Duplicate copies of the completed record shall be signed by Landlord (or the designated representative) and by Tenant as an indication the inventory was completed, and Tenant shall be given a copy. The completed inventory is incorporated into this Agreement and establishes the baseline condition of the Premises for purposes of the Security Deposit. Any part of the Premises, furnishing, or appliance not noted on the completed inventory as damaged, dirty, or defective is agreed to have been clean, undamaged, and in good working order at commencement, except for latent defects not discoverable by reasonable inspection. Tenant acknowledges being afforded the opportunity to examine the Premises before occupancy.

6. ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof, without the prior written consent of Landlord. A consent by Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior written consent of Landlord, or an assignment or sub-letting by operation of law, is void as against Landlord and is a material noncompliance with this Agreement, for which Landlord may terminate under Section 22(b) and pursue every other remedy available at law or in equity. This clause applies regardless of the length of the term.

7. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any alteration, change, or improvement made or placed on the Premises by Tenant shall, at Landlord's election, either become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement, or be removed by Tenant at Tenant's expense before Tenant vacates, with the Premises restored to their prior condition; absent a written election by Landlord, the alteration remains and becomes Landlord's property.

8. NON-DELIVERY OF POSSESSION. At the commencement of the term, Landlord shall deliver possession of the Premises as provided in K.S.A. 58-2552. If possession is not delivered on the commencement date, rent abates until possession is delivered, and rent for the first partial rental period is apportioned day to day (K.S.A. 58-2545). Tenant may exercise the remedies provided by K.S.A. 58-2560, including termination upon at least five (5) days' written notice (in which event Landlord shall return the entire Security Deposit) or a demand for performance. Landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in K.S.A. 58-2570(c). This Section does not waive or limit any right or remedy under K.S.A. 58-2560. If possession is not delivered within thirty (30) days after the commencement date, either party may terminate this Agreement by written notice, without limiting any then-accrued rights.

9. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.

10. UTILITIES. Tenant shall arrange for and pay for all utility services to the Premises, except the following, which Landlord supplies: _____ (write "none" if none). Nothing in this Section relieves Landlord of any duty imposed by K.S.A. 58-2553, including the duty to supply running water and reasonable amounts of hot water and reasonable heat except as that statute provides; this Section does not shift Landlord's duties under K.S.A. 58-2553(a)(4) or (a)(5), and any such shift is enforceable only as K.S.A. 58-2553(b) or (c) permits.

11. MAINTENANCE AND REPAIR; RULES. Tenant shall comply with all obligations imposed on tenants by K.S.A. 58-2555, including keeping the part of the Premises Tenant occupies and uses as clean and safe as the condition of the Premises permits, removing ashes, rubbish, garbage and other waste from the dwelling unit in a clean and safe manner, using all facilities and appliances in a reasonable manner, and being responsible for any destruction, defacement, damage, impairment, or removal of any part of the Premises caused by Tenant or by any person or animal on the Premises with Tenant's express or implied permission or consent (K.S.A. 58-2555(f)); Tenant shall, at Tenant's expense, remedy any such damage and shall pay the reasonable cost of repair on demand.

Without limiting the foregoing, Tenant shall:

not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;

keep all windows, glass, window coverings, doors, locks and hardware in good, clean order;

not obstruct or cover the windows or doors;

not leave windows or doors in an open position during any inclement weather;

not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space;

not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;

keep all air conditioning filters clean and free from dirt;

keep all lavatories, sinks, toilets, and all other water and plumbing apparatus as clean as their condition permits, and use same only for the purposes for which they were constructed.

Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant.

Tenant, Tenant's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents; keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents; deposit all trash, garbage, rubbish or refuse in the locations provided therefor and not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements.

Except as elected under the small-property duty-allocation option at the end of this Section, nothing in this Section shifts to Tenant any duty imposed on Landlord by K.S.A. 58-2553 — including the duty to maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating and air-conditioning appliances supplied or required to be supplied — or limits or conditions any remedy of Tenant under K.S.A. 58-2559 or other applicable law.

Landlord may from time to time adopt rules or regulations concerning Tenant's use and occupancy of the Premises; a rule or regulation is enforceable against Tenant only if it meets K.S.A. 58-2556(a)–(f)

(its purpose is to promote the convenience, safety, peace or welfare of the tenants in the premises, to preserve Landlord's property from abusive use, or to make a fair distribution of services and facilities held out for the tenants generally;

it is reasonably related to that purpose;

it applies to all tenants in the premises equally;

it is sufficiently explicit to fairly inform Tenant of what Tenant must or must not do to comply;

it is not for the purpose of evading Landlord's obligations;

and Tenant has notice of it at the time Tenant enters into this Agreement).

A rule or regulation adopted after Tenant enters into this Agreement that effects a substantial modification of this Agreement is not enforceable against Tenant unless Tenant consents to it in writing (K.S.A. 58-2556).

Tenant shall comply with the rules and regulations of any condominium or homeowners' association having authority over the Premises, as those rules and regulations exist and as they may be lawfully amended from time to time; K.S.A. 58-2556 applies to rules Landlord adopts under this Section, not to independently adopted association rules.

Small-property duty allocation (K.S.A. 58-2553(b)) — check ONLY if the Premises is a dwelling unit or units housing not more than four households having common areas; otherwise leave unchecked:

☐ Tenant agrees, in good faith and not for the purpose of evading Landlord's obligations, to perform Landlord's duties under K.S.A. 58-2553(a)(4) (waste receptacles and removal) and (a)(5) (supply of running water, hot water, and heat, as that paragraph provides) and the following specified repairs, maintenance tasks, alterations, or remodeling:

_____.

12. INSURANCE. Landlord, Landlord's agent or manager, or, if applicable, the Condominium or Homeowners' Association, are not responsible for insuring Tenant's or Tenant's permitted visitors' personal property and vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. Landlord has advised Tenant to carry Tenant's own insurance (renter's insurance) to protect Tenant from any such loss or damage.

☐ Required (if checked): Tenant shall maintain throughout the term a renter's insurance policy, including personal liability coverage of not less than $_____, and shall furnish proof of coverage on request; failure to maintain it is a material noncompliance with this Agreement. The parties agree that, upon notification by Landlord, Tenant shall take all actions necessary to avoid: (i) an increase in Landlord's insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance.

13. DAMAGE TO PREMISES; FIRE OR CASUALTY. If the Premises are damaged or destroyed by fire or other casualty to an extent that the use and habitability of the dwelling unit is substantially impaired (K.S.A. 58-2562), Tenant: (1) may vacate the Premises immediately and shall notify Landlord in writing within five (5) days thereafter of Tenant's intention to terminate this Agreement, in which case this Agreement terminates as of the date of vacating; or (2) if continued occupancy is lawful, may vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case Tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit. If this Agreement is terminated under this Section, Landlord shall return that portion of the Security Deposit recoverable by Tenant under K.S.A. 58-2550. Accounting for rent, in the event of either termination or apportionment of rent under this Section, shall occur as of the date of vacating. Landlord retains all claims against Tenant under K.S.A. 58-2555(f) and this Agreement for damage caused by Tenant or by any person or animal on the Premises with Tenant's permission. Nothing in this Section limits any right or remedy of Tenant under K.S.A. 58-2559 or other applicable law.

14. ENTRY; INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right to enter the Premises at reasonable hours, after reasonable notice to Tenant, in order to inspect the Premises; to make necessary or agreed repairs, decorations, alterations or improvements; to supply necessary or agreed services; or to exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workmen or contractors (K.S.A. 58-2557(a)). Notice given at least twenty-four (24) hours before entry is agreed to be reasonable notice for purposes of this Section; this sentence does not prevent shorter notice where reasonable under the circumstances. Landlord may display the usual "for sale," "for rent" or "vacancy" signs on the Premises at any time during the term; entry to exhibit the Premises remains subject to the reasonable-notice and reasonable-hours requirements of this Section. Landlord may enter without Tenant's consent only in the case of an extreme hazard involving the potential loss of life or severe property damage (K.S.A. 58-2557(b)), and during an extended absence as provided in Section 24 (K.S.A. 58-2565(b)). Landlord shall not abuse the right of entry or use it to harass Tenant (K.S.A. 58-2557(c)). If Tenant refuses to allow lawful access to the Premises, Landlord may obtain injunctive relief to compel access or may terminate this Agreement, and in either case may recover actual damages (K.S.A. 58-2571(a)).

15. SUBORDINATION OF LEASE. This Agreement and Tenant's interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances. Tenant shall, within ten (10) days after Landlord's written request, sign any instrument reasonably required to confirm this subordination or to certify the status of this Agreement, and shall attorn to any purchaser at a foreclosure or other sale of the Premises.

16. TENANT'S HOLD OVER; TERMINATION OF MONTH-TO-MONTH TENANCY.

(a)   Consensual holdover. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant, subject to all of the terms and conditions hereof, except that rent shall then be due and owing at $_____ per month (if this blank is not completed, at the monthly rent last in effect under this Agreement).

(b)   Termination of month-to-month tenancy (K.S.A. 58-2570(b)). Either party may terminate a month-to-month tenancy — whether elected in Section 1 or created by holdover — by a written notice to the other party stating that the tenancy shall terminate upon a periodic rent-paying date not less than thirty (30) days after the receipt of the notice; except that not more than fifteen (15) days' written notice by a Tenant is necessary where the Tenant is in the military service of the United States and termination of the tenancy is necessitated by military orders.

(c)   Holdover without consent. If Tenant remains in possession without Landlord's consent after the expiration or termination of this Agreement, Landlord may bring an action for possession, and, as provided by K.S.A. 58-2570(c), a Tenant whose holdover is willful and not in good faith may be liable for an amount not more than one and one-half (1½) months' periodic rent or not more than one and one-half (1½) times the actual damages sustained by Landlord, whichever is greater.

(d)   Changes during a month-to-month tenancy. Landlord may change the rent or any other term of a month-to-month tenancy by written notice to Tenant stating that the change takes effect on a periodic rent-paying date not less than thirty (30) days after receipt of the notice. Tenant's continued occupancy after that date is acceptance of the change; Tenant's alternative is to terminate under subsection (b).

17. SURRENDER OF PREMISES. Upon the expiration or earlier termination of this Agreement, Tenant shall vacate, return all keys and access devices, remove all of Tenant's personal property, and surrender the Premises in as good a state and condition as at commencement as recorded in the Condition Inventory, reasonable wear and tear and damage by the elements excepted. Personal property left on the Premises is handled as provided in Section 24(c).

18. ANIMALS. Tenant shall be entitled to keep no more than _____ domestic dogs, cats or birds, and only with Landlord's written consent. If the number blank in the preceding sentence is not completed or is completed as zero, no pets are permitted. At such time as Tenant shall actually keep any such animal on the Premises, Tenant shall pay to Landlord a refundable pet security deposit of $_____, which is subject to the caps, aggregation, and accounting rules of Section 3 (additional pet deposit not to exceed one-half (½) of one month's rent, K.S.A. 58-2550(a)).

☐ Pet rent (if checked): in addition, Tenant shall pay $_____ per month per animal as additional rent for each month or part of a month in which any animal is kept on the Premises; pet rent is rent, not a security deposit. This Section does not apply to service or assistance animals, which are not pets; no pet deposit or pet-related charge is imposed for a service or assistance animal.

19. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant's performance of all Tenant's agreements contained herein and Tenant's observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof.

20. FAIR HOUSING. Landlord complies with the federal Fair Housing Act and the Kansas Act Against Discrimination (K.S.A. 44-1016), which prohibit housing discrimination because of race, religion, color, sex, disability, familial status, national origin, or ancestry.

21. LIMITED COMMON-AREA LIABILITY. As K.S.A. 58-2547(a)(4) expressly permits, Tenant agrees that Landlord shall not be liable to Tenant for loss or damage by fire, theft or breakage with respect to common areas of the dwelling unit; this limitation is agreed under, and extends only as far as permitted by, K.S.A. 58-2547(a)(4). Except as stated in the preceding sentence, this Agreement does not exculpate or limit any liability of either party arising under law and does not require either party to indemnify the other for that liability or its costs.

22. DEFAULT; TERMINATION FOR NONCOMPLIANCE (K.S.A. 58-2564).

(a)   Nonpayment of rent. If rent is unpaid when due, Landlord may deliver to Tenant a written notice of nonpayment and of Landlord's intention to terminate this Agreement if the rent is not paid within three (3) days; if Tenant fails to pay the rent within that three-day period, Landlord may terminate this Agreement. The three-day period is computed as three consecutive 24-hour periods; when the notice is served on Tenant, on a person over twelve (12) years of age residing on the Premises, or by posting a copy in a conspicuous place on the Premises, the period commences at the time of delivery or posting; when the notice is delivered by mailing, an additional two (2) days from the date of mailing is allowed for Tenant to pay and avoid termination. If Section 37 requires a longer notice to vacate, that longer period applies instead of the three-day period.

(b)   Other material noncompliance. If there is a material noncompliance by Tenant with this Agreement (other than nonpayment of rent), or a noncompliance with K.S.A. 58-2555 materially affecting health and safety, Landlord may deliver to Tenant a written notice specifying the acts and omissions constituting the breach and stating that this Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied in fourteen (14) days. This Agreement shall terminate as provided in the notice regardless of the periodic rent-paying date, except that if the breach is remediable by repairs or the payment of damages or otherwise, and Tenant adequately initiates a good-faith effort to remedy the breach prior to the date specified in the notice, this Agreement will not terminate. If the same or a similar breach occurs after the fourteen-day period, Landlord may deliver a written notice stating that this Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice, without providing the opportunity to remedy the breach.

(c)   Remedies preserved. Landlord may recover damages and obtain injunctive relief for any noncompliance by Tenant with this Agreement or with K.S.A. 58-2555 (K.S.A. 58-2564(c)). This Section does not limit either party's right to terminate under K.S.A. 58-2570 (K.S.A. 58-2564(d)). Termination of this Agreement or of Tenant's right of possession does not release Tenant from liability for rent and other charges accrued through the date Landlord recovers possession, or for damages resulting from Tenant's breach, including rent for the balance of the term as it would have accrued, less the net rent Landlord realizes from reletting, to the extent permitted by law. Nothing in this Agreement accelerates rent not yet due.

23. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not made within _____ days of when due, Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a one-time late fee of $_____. The late fee is a single, noncompounding charge imposed once per late payment and only after the grace period stated above; no late fee accrues on an unpaid late fee. The grace period applies only to the late fee; it does not extend the due date of rent or delay any notice or remedy under Section 22. This Section does not limit Landlord's other rights or remedies for the underlying nonpayment.

24. ABANDONMENT; EXTENDED ABSENCE; TENANT'S PROPERTY.

(a)   Extended absence. Tenant shall notify Landlord of any anticipated extended absence from the Premises in excess of seven (7) days no later than the first day of the extended absence (K.S.A. 58-2558); a willful failure to give this notice makes Tenant liable for Landlord's actual damages (K.S.A. 58-2565(a)). During any absence of Tenant in excess of thirty (30) days, Landlord may enter the Premises at times reasonably necessary (K.S.A. 58-2565(b)).

(b)   Abandonment; mitigation. If Tenant is ten (10) days in default for nonpayment of rent and has removed a substantial portion of Tenant's belongings from the Premises, Landlord may presume that Tenant has abandoned the Premises, unless Tenant has notified Landlord to the contrary (K.S.A. 58-2565(b)). If Tenant abandons the Premises, Landlord shall make reasonable efforts to rent the Premises at a fair rental (K.S.A. 58-2565(c)). If Landlord rents the Premises for a term beginning prior to the expiration of this Agreement, this Agreement is deemed terminated as of the date the new tenancy begins. If Landlord fails to use reasonable efforts to rent the Premises at a fair rental, or if Landlord accepts the abandonment as a surrender, this Agreement is deemed terminated as of the date Landlord has notice of the abandonment. Tenant remains liable for rent and other amounts due under this Agreement until the date this Agreement is deemed terminated as provided in this subsection. If the tenancy is from month-to-month or week-to-week, the term of this Agreement for this purpose is deemed to be a month or a week, as the case may be (K.S.A. 58-2565(c)).

(c)   Tenant's personal property (K.S.A. 58-2565(d)–(f)). If Tenant abandons or surrenders possession of the Premises and leaves household goods, furnishings, fixtures, or other personal property in or at the Premises, or if Tenant is removed from the Premises as a result of a forcible detainer action, Landlord may take possession of the property and store it at Tenant's expense. Landlord may sell or otherwise dispose of the property only upon the expiration of thirty (30) days after Landlord takes possession of it, and only if, at least fifteen (15) days prior to the sale or other disposition, Landlord publishes once in a newspaper of general circulation in the county in which the Premises is located a notice of Landlord's intention to sell or dispose of the property (stating Tenant's name, a brief description of the property, and the approximate date of the intended disposition) and, within seven (7) days after publication, mails a copy of the published notice to Tenant at Tenant's last known address. At any time prior to sale or other disposition, Tenant may redeem the property upon payment to Landlord of the reasonable expenses incurred by Landlord of taking, holding and preparing the property for sale and of any amount due from Tenant to Landlord. If the foregoing requirements are met, Landlord may sell or otherwise dispose of the property without liability to Tenant or to any other person who has or claims an interest in the property, except as to a secured creditor who gave notice of the creditor's interest as K.S.A. 58-2565(d) provides. Proceeds of any sale or other disposition shall be applied in the following order (K.S.A. 58-2565(e)): (1) to the reasonable expenses of taking, holding, preparing for sale or disposition, giving notice and selling or disposing of the property; (2) to the satisfaction of any amount due from Tenant to Landlord for rent or otherwise; and (3) the balance, if any, may be retained by Landlord, without liability to Tenant or to any other person other than a secured creditor who gave notice of a creditor's interest as provided by law. A person who purchases or otherwise receives the property under this procedure, without knowledge that the sale or disposition violates the ownership rights or security interest of a third party, takes the property as provided by K.S.A. 58-2565(f).

25. EARLY TERMINATION BY PROTECTED PERSONS (K.S.A. 58-25,137).

(a)   If a Tenant is a "protected person" under K.S.A. 58-25,137 (a victim of domestic violence, sexual assault, human trafficking, or stalking, as defined by that statute), that Tenant may terminate the tenancy as the statute provides and is not liable for rent for the period after that Tenant vacates the Premises, provided the statutory conditions are met. To qualify, the Tenant shall provide to Landlord the statement regarding domestic violence, sexual assault, human trafficking, or stalking described in K.S.A. 58-25,137(c); on Landlord's request, the Tenant shall also provide documentation in one of the statutory forms (a document signed by the victim and by a licensed professional listed in the statute, or a court order granting relief relating to the alleged conduct). Rent and other amounts owed for the period before vacating remain due (K.S.A. 58-25,137(b)(3)). Providing false information under this Section is a basis for denial or eviction as the statute provides (K.S.A. 58-25,137(d)). A listed occupant or household member who is not a Tenant has no right to terminate the tenancy under this Section; this Section does not limit protections applicable to any person under the Violence Against Women Act or other law (see Section 37).

(b)   Termination fee — CHECK EXACTLY ONE (the Elected box is pre-printed as checked; if neither box is checked, Not elected applies):

☐   Not elected.

☐   Elected: a Tenant who requests termination under K.S.A. 58-25,137 shall pay Landlord a termination fee of $_____, which shall be reasonable and shall not exceed one (1) month's rent (K.S.A. 58-25,137(e)).

(c)   If any Tenant remains in the Premises after a termination under this Section, this Agreement continues for the remaining Tenants (K.S.A. 58-25,137(h)).

26. ATTORNEYS' FEES. This Agreement contains no agreement by either party to pay the other party's attorneys' fees (K.S.A. 58-2547(a)(3)). Any award of attorney fees or costs is governed by applicable statute, rule, or court order.

27. RECORDING OF AGREEMENT. Tenant shall not record this Agreement or any memorandum of it in any public office. Recording by Tenant is a material noncompliance with this Agreement, for which Landlord may terminate under Section 22(b) and pursue every other remedy available at law or in equity.

28. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Kansas.

29. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.

30. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, successors, and permitted assigns of the parties.

31. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant.

32. CONSTRUCTION. Words of any gender include all genders, and the singular includes the plural and the plural the singular, as the context requires.

33. NON-WAIVER; RESERVATION OF RIGHTS. No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant's duties and liabilities hereunder. Landlord's acceptance of any late or partial payment of rent, or of performance that varies from the terms of this Agreement, is made with reservation of all of Landlord's rights — including the right to terminate this Agreement for the breach to which the payment or performance relates — and does not waive that breach or any other breach, all to the maximum extent permitted by K.S.A. 58-2566. Under K.S.A. 58-2566, acceptance of late rent without reservation, or acceptance of other performance that varies from this Agreement, waives Landlord's right to terminate this Agreement for that breach unless otherwise agreed after the breach has occurred; at the time of any such acceptance, Landlord may — and, to preserve the right to terminate for that breach, shall — confirm in writing that the acceptance is with reservation of all of Landlord's rights, including the right to terminate for the breach to which the payment or performance relates.

34. ENTIRE AGREEMENT; MODIFICATION. This Agreement, together with the Condition Inventory and the documents listed in Section 36, contains the entire agreement between the parties, and shall not be modified, changed, altered or amended in any way except by a written amendment signed by all parties.

35. NOTICE.

(a)   Statutory notices. Notices required or permitted under the Kansas Residential Landlord and Tenant Act (including nonpayment and termination notices) shall be given by the methods and with the timing that the Act provides, including, for nonpayment notices under K.S.A. 58-2564(b), service on Tenant, on a person over twelve (12) years of age residing on the Premises, or by posting (with two (2) additional days allowed when notice is delivered by mailing) and, where applicable, the methods described in K.S.A. 58-2510 (personal service; leaving the notice at the usual place of residence; delivery to a person over twelve (12) years of age residing on the Premises; posting if no person is found; or registered or certified mail, return receipt requested). Security-deposit itemizations and balances shall be delivered or mailed as provided by K.S.A. 58-2550.

(b)   Ordinary notices. Other notices under this Agreement may be given by personal delivery or by United States mail (first class or certified mail), addressed: if to Landlord, to the address stated in the Data Schedule above; if to Tenant, to the Premises or to the Tenant notice address stated in the Data Schedule above. Either party may change its notice address from time to time by written notice to the other. Any email transmittal is a courtesy copy only and is not operative notice.

36. ADDITIONAL PROVISIONS; DISCLOSURES. Additional provisions:

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Documents that are part of this tenancy: the Kansas Residential Lease Condition Inventory (completed jointly at occupancy or delivery of possession as provided in Section 5 and K.S.A. 58-2548); and, CHECK ALL THAT APPLY:

☐ Lead-Based Paint Disclosure form and EPA pamphlet (Premises built before 1978);

☐ Other: _____.

37. STATUTORY RIGHTS; FEDERAL SAVINGS. Nothing in this Agreement waives or foregoes any right or remedy under the Kansas Residential Landlord and Tenant Act or other applicable law (K.S.A. 58-2547(a)(1)). Rights and protections under the Servicemembers Civil Relief Act are preserved, and no term of this Agreement conditions them. Where the Violence Against Women Act applies to the tenancy or program, its protections are preserved. CARES Act — CHECK EXACTLY ONE (if neither box is checked, or if the Premises is otherwise a covered dwelling, any notice to vacate shall give not less than 30 days):

☐ The Premises is a "covered dwelling" under section 4024 of the CARES Act;

☐ The Premises is not, to Landlord's knowledge, a covered dwelling. If the first box is checked, or if the Premises is otherwise a covered dwelling, any notice to vacate shall give not less than thirty (30) days.

The parties have executed this Agreement and agree to be bound by its terms as of the date first written above. Electronic signatures are valid to the extent provided by the federal ESIGN Act and the Kansas Uniform Electronic Transactions Act.

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