Security Deposit Return Deadlines & Deductions in Kansas
At a glance
| Governing law | K.S.A. § 58-2550 (Kansas Residential Landlord and Tenant Act, K.S.A. § 58-2540 et seq.) |
|---|---|
| Deadline to return the deposit | If retaining for nonrent charges: 14 days after determining them, no later than 30 days after termination, delivery of possession, and tenant demand; if no demand within 30 days of termination, mail amount due to last known address (§ 58-2550(b)) |
| Itemized statement required? | Written notice delivered to tenant itemizing deductions for accrued rent or damages; return balance on the statutory schedule (§ 58-2550(b)) |
| What can be deducted | Accrued rent and damages from tenant noncompliance with statutory duties or rental agreement; expenses and other legally allowable agreement charges (§§ 58-2550(b), 58-2555) |
| Maximum deposit amount | Unfurnished: 1 month’s rent; landlord-furnished: 1½ months; pets permitted: another ½ month; qualifying subsidized municipal housing authorities may use an income-based schedule (§ 58-2550(a)) |
| Interest on the deposit? | No interest duty stated in the residential security-deposit section (§ 58-2550) |
| Penalty for a late/bad-faith withholding | Deposit portion due plus damages of 1½ times the amount wrongfully withheld for failure to comply with subsection (b) (§ 58-2550(c)) |
| Separate account or bond required? | No separate-account or bond duty stated in the residential security-deposit section (§ 58-2550) |
Requirements one by one
Return deadline and itemization
Section 58-2550(b) allows deductions for accrued rent and damages caused by noncompliance with the tenant’s duties or the rental agreement, with deductions itemized in a written notice delivered to the tenant. If the landlord retains a portion for expenses, damages, or other legally allowable agreement charges other than rent, the balance is due within 14 days after those charges are determined, and in any event no later than 30 days after termination, delivery of possession, and the tenant’s demand. If the tenant makes no demand within 30 days after termination, the landlord must mail the portion due to the tenant’s last known address.
Deposit cap
Section 58-2550(a) sets a base ceiling of one month’s rent for an unfurnished dwelling, 1½ months if the lease supplies the landlord’s furniture, and another half-month if pets are permitted. A federally subsidized municipal housing authority with income-based rent may instead use a bedroom-size-based schedule, with a deferred payment plan.
Noncompliance damages
Under § 58-2550(c), failure to comply with subsection (b) allows the tenant to recover the deposit portion due plus 1½ times the amount wrongfully withheld. The official section’s case annotations report that a court has no discretion to reduce statutory damages once applicable, and that substantial compliance defeats the civil penalty.
What trips people up
The 30-day outside limit uses a compound trigger: tenancy termination, surrender of possession, and a tenant demand. When no demand is made within 30 days after termination, the statute separately directs mailing to the last known address.
Section 58-2550(d) generally bars a tenant from treating the deposit as the last month’s rent unless the rental agreement provides otherwise. A tenant who does so can forfeit the deposit and still owe the rent.
Common questions
Who must account for the deposit if the property changes hands? Section 58-2550(f) binds whoever holds the landlord’s interest when the tenancy terminates.
Does this penalty replace every other remedy under the act? No. Section 58-2550(e) preserves other damages available to either side under the landlord-tenant act.
Statutes and sources
- K.S.A. § 58-2550(a): “A landlord may not demand or receive a security deposit for an unfurnished dwelling unit in an amount or value in excess of one month's periodic rent. If the rental agreement provides for the tenant to use furniture owned by the landlord, the landlord may demand and receive a security deposit not to exceed 1½ months' rent, and if the rental agreement permits the tenant to keep or maintain pets in the dwelling unit, the landlord may demand and receive an additional security deposit not to exceed ½ of one month's rent.” — https://ksrevisor.gov/statutes/chapters/ch58/058_025_0050.html (accessed 2026-10-07)
- K.S.A. § 58-2550(b): “Upon termination of the tenancy, any security deposit held by the landlord may be applied to the payment of accrued rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with K.S.A. 58-2555, and amendments thereto, and the rental agreement, all as itemized by the landlord in a written notice delivered to the tenant. If the landlord proposes to retain any portion of the security deposit for expenses, damages or other legally allowable charges under the provisions of the rental agreement, other than rent, the landlord shall return the balance of the security deposit to the tenant within 14 days after the determination of the amount of such expenses, damages or other charges, but in no event to exceed 30 days after termination of the tenancy, delivery of possession and demand by the tenant. If the tenant does not make such demand within 30 days after termination of the tenancy, the landlord shall mail that portion of the security deposit due the tenant to the tenant's last known address.” — https://ksrevisor.gov/statutes/chapters/ch58/058_025_0050.html (accessed 2026-10-07)
- K.S.A. § 58-2550(c): “If the landlord fails to comply with subsection (b) of this section, the tenant may recover that portion of the security deposit due together with damages in an amount equal to 1½ the amount wrongfully withheld.” — https://ksrevisor.gov/statutes/chapters/ch58/058_025_0050.html (accessed 2026-10-07)
- K.S.A. § 58-2555: “(f) be responsible for any destruction, defacement, damage, impairment or removal of any part of the premises caused by an act or omission of the tenant or by any person or animal or pet on the premises at any time with the express or implied permission or consent of the tenant;” — https://ksrevisor.gov/statutes/chapters/ch58/058_025_0055.html (accessed 2026-10-07)
- K.S.A. § 58-2550(a), municipal-housing exception: “A municipal housing authority created under the provisions of K.S.A. 17-2337 et seq., and amendments thereto, which is wholly or partially subsidized by aid from the federal government, pursuant to a rental agreement in which rent is determined solely by the personal income of the tenant, may demand and receive a security deposit in accordance with a schedule established by the housing authority, which is based on the bedroom unit size of the dwelling unit. Any such municipal housing authority which establishes such a schedule shall provide a deferred payment plan whereby the tenant may pay the deposit in reasonable increments over a period of time.” — https://ksrevisor.gov/statutes/chapters/ch58/058_025_0050.html (accessed 2026-10-07)
- K.S.A. § 58-2550(d): “Except as otherwise provided by the rental agreement, a tenant shall not apply or deduct any portion of the security deposit from the last month's rent or use or apply such tenant's security deposit at any time in lieu of payment of rent. If a tenant fails to comply with this subsection, the security deposit shall be forfeited and the landlord may recover the rent due as if the deposit had not been applied or deducted from the rent due.” — https://ksrevisor.gov/statutes/chapters/ch58/058_025_0050.html (accessed 2026-10-07)
- K.S.A. § 58-2550(e)-(f): “(e) Nothing in this section shall preclude the landlord or tenant from recovering other damages to which such landlord or tenant may be entitled under this act. (f) The holder of the landlord's interest in the premises at the time of the termination of the tenancy shall be bound by this section.” — https://ksrevisor.gov/statutes/chapters/ch58/058_025_0050.html (accessed 2026-10-07)
Source links
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