RESIDENTIAL LEASE AGREEMENT

(State of Kansas)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

[// GUIDANCE: Insert or remove section numbering in cross-references if you renumber any Article.]

I. DOCUMENT HEADER

This RESIDENTIAL LEASE AGREEMENT (the “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

1. [LANDLORD LEGAL NAME], a [STATE & TYPE OF ENTITY, OR “natural person”] (“Landlord”); and
2. [TENANT LEGAL NAME(S)] (collectively, “Tenant”).

Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the real property commonly known as [STREET ADDRESS, CITY, COUNTY, KS ZIP], together with all improvements thereon and the appurtenant rights (the “Premises”), subject to the covenants, terms, and conditions set forth herein and in consideration of the mutual promises and other good and valuable consideration, the receipt and sufficiency of which are acknowledged.

II. DEFINITIONS

For ease of reference, the following terms (whether singular or plural) are defined for all purposes of this Agreement:

“Additional Rent” – any monetary obligations of Tenant other than Base Rent, including late charges, returned-check fees, utilities, and amounts recoverable under Article VI.

“Base Rent” – the monthly rental amount set forth in Section 3.1.

“Holdover Rate” – 150 % of the Base Rent then in effect unless a different rate is inserted in Section 3.4.

“Lease Term” – the period beginning on the Commencement Date and expiring on the Termination Date as defined in Section 2.1.

“Security Deposit” – the deposit described in Section 4.1, subject to Kan. Stat. Ann. § 58-2550 (2022).

“State Housing Court” – the district court of the county in Kansas in which the Premises are located, sitting in its limited actions (housing) department.

[// GUIDANCE: Add or delete defined terms to match any bespoke provisions you add.]

III. OPERATIVE PROVISIONS

1. Lease Term

1.1 Commencement Date: [MM/DD/YYYY]
1.2 Termination Date: [MM/DD/YYYY]
1.3 Renewal: Tenant may request renewal in writing at least [30] days before expiration; renewal is at Landlord’s sole discretion.

2. Possession & Use

2.1 Permitted Use: Residential occupancy by no more than [NUMBER] occupants.
2.2 Prohibited Uses: Any commercial activity, illegal conduct, or nuisance.
2.3 Quiet Enjoyment: Landlord covenants that so long as Tenant is not in Default, Tenant shall peacefully possess the Premises, subject to Landlord’s lawful entry rights.

3. Rent & Payment Terms

3.1 Base Rent: $[AMOUNT] per month, due on or before the [1st] day of each month.
3.2 Method of Payment: [INSERT PAYMENT METHOD OPTIONS].
3.3 Late Charge: [5 %] of unpaid Base Rent if not received within [5] days after due date.
3.4 Returned-Check Fee: $[AMOUNT] per returned item.
3.5 Holdover: Occupancy after the Termination Date without renewal shall be month-to-month at the Holdover Rate and otherwise on the terms herein.

4. Security Deposit

4.1 Amount: $[AMOUNT NOT EXCEEDING ONE MONTH’S RENT FOR UNFURNISHED / 1.5 × RENT FOR FURNISHED], plus an additional pet deposit of $[0–?] if applicable.
4.2 No Commingling: Landlord shall hold the Security Deposit in a separate account, without obligation to pay interest unless required by future Kansas law.
4.3 Permissible Deductions: Unpaid Rent, damages beyond ordinary wear, and other losses recoverable under this Agreement.
4.4 Return: Within 14 days of Tenant’s surrender (or 30 days if no deductions), Landlord shall return any unused portion along with an itemized statement of deductions, in compliance with Kan. Stat. Ann. § 58-2550.
4.5 Transfer: Upon transfer of ownership, Landlord shall either return the deposit or transfer it to the new owner and notify Tenant in writing.

5. Utilities

Tenant shall timely pay for all utilities serving the Premises except [LIST LANDLORD-PAID UTILITIES]. Failure to maintain utility service constitues Default.

6. Maintenance & Habitability

6.1 Landlord Obligations: Maintain the Premises in a fit and habitable condition, supply essential services (heat, water, electric), keep common areas safe, and comply with building and housing codes materially affecting health and safety, consistent with Kan. Stat. Ann. §§ 58-2553 & 58-2554.
6.2 Tenant Obligations: Keep the Premises clean, dispose of trash, use fixtures in a reasonable manner, and promptly notify Landlord in writing of needed repairs.
6.3 Right of Entry: Landlord may enter the Premises upon at least 24-hour notice (except in emergencies) to inspect, repair, or show to prospective tenants or purchasers.
6.4 Failure of Essential Services: If Landlord fails to restore essential services within a reasonable time after written notice, Tenant may exercise statutory remedies under the Kansas Residential Landlord and Tenant Act (“KRLTA”) without relieving Tenant from the obligation to pay Rent.

7. Alterations

Tenant shall make no alterations without Landlord’s prior written consent. Any approved alterations shall become Landlord’s property unless otherwise agreed in writing.

8. Assignment & Subleasing

No assignment or sublease is permitted without Landlord’s prior written consent, which Landlord may withhold in its reasonable discretion.

IV. REPRESENTATIONS & WARRANTIES

4.1 Authority: Each party warrants it has full authority to execute and perform this Agreement.
4.2 Environmental: Landlord represents, to the best of its knowledge, that no hazardous substances are present on the Premises in violation of applicable law.
4.3 Lead-Based Paint: If the improvements were constructed prior to 1978, Landlord has provided Tenant with the federally required Lead-Based Paint Disclosure.
4.4 Survival: The representations and warranties in this Article IV shall survive the expiration or earlier termination of this Agreement for a period of 12 months.

V. COVENANTS & RESTRICTIONS

5.1 Compliance with Laws: Tenant shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including occupancy limits and leash laws.
5.2 Insurance Requirements: Tenant shall maintain renters’ insurance with a minimum liability limit of $[AMOUNT] per occurrence and shall provide proof upon request.
5.3 No Smoking / No Pets: [CUSTOMIZE—e.g., “Smoking is prohibited anywhere on the Premises.”]
5.4 Notice of Damage or Dangerous Condition: Tenant shall promptly notify Landlord in writing of any condition that constitutes a danger or requires repair.

VI. DEFAULT & REMEDIES

6.1 Events of Default:
a. Failure to pay Rent or Additional Rent when due;
b. Material breach of any covenant not cured within [10] days after notice (3 days for non-payment per KRLTA);
c. Abandonment of the Premises.

6.2 Notice & Cure: For non-payment of Rent, Landlord shall provide at least 3-day written notice to pay or quit. For all other breaches, Landlord shall provide [10] days’ written notice to cure.
6.3 Landlord Remedies: Upon Default, Landlord may—
a. Terminate this Agreement and seek possession via action for eviction in State Housing Court;
b. Accelerate and recover all unpaid Rent through the Termination Date;
c. Recover reasonable attorneys’ fees, court costs, and expenses.
6.4 Tenant Remedies: If Landlord fails to comply with material obligations after required notice and cure period, Tenant may pursue remedies provided in the KRLTA, including termination or rent abatement, but shall not offset Rent without a court order.
6.5 Cumulative Rights: The rights and remedies herein are cumulative and in addition to those provided at law or in equity.

VII. RISK ALLOCATION

7.1 Tenant Indemnity: Tenant shall indemnify, defend, and hold Landlord harmless from any loss, liability, or claim (including reasonable attorneys’ fees) arising out of Tenant’s use or occupancy of the Premises, except to the extent arising from Landlord’s gross negligence or willful misconduct.
7.2 Limitation of Landlord Liability: Landlord’s total liability for any claim arising under this Agreement shall not exceed the amount of the Security Deposit then held, except for claims arising from Landlord’s gross negligence or willful misconduct or as otherwise prohibited by law.
7.3 Force Majeure: Neither party shall be liable for failure to perform caused by events beyond its reasonable control (other than Tenant’s payment obligations).
7.4 Waiver of CONSEQUENTIAL DAMAGES: Neither party shall be liable to the other for any special, consequential, or punitive damages.

VIII. DISPUTE RESOLUTION

8.1 Governing Law: This Agreement shall be governed by the laws of the State of Kansas, including the KRLTA.
8.2 Forum Selection: Any action arising out of or relating to this Agreement shall be brought exclusively in the State Housing Court for the county where the Premises is located.
8.3 Arbitration: The parties expressly exclude arbitration.
8.4 Jury Trial: Each party retains all constitutional rights to a trial by jury.
8.5 Injunctive Relief: Nothing herein shall limit Landlord’s right to seek immediate injunctive relief, including writs of restitution or other eviction remedies.

IX. GENERAL PROVISIONS

9.1 Amendments & Waivers: No modification or waiver is effective unless in writing and signed by both parties.
9.2 Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements regarding the Premises.
9.3 Severability: If any provision is held unenforceable, the balance of this Agreement shall remain in effect, and the invalid provision shall be re-formed to the minimum extent necessary.
9.4 Successors & Assigns: Subject to Article 5, this Agreement binds and benefits the parties and their respective successors and permitted assigns.
9.5 Notices: All notices must be in writing and delivered (i) in person, (ii) by certified mail, return receipt requested, or (iii) by nationally recognized overnight courier, to the addresses below or such other address as either party may designate.
9.6 Counterparts; Electronic Signatures: This Agreement may be executed in counterparts, each of which is an original, and all of which constitute one instrument. Signatures transmitted by electronic means shall be deemed originals.
9.7 Time of the Essence: Time is of the essence in the performance of all obligations.
9.8 Interpretation: Headings are for convenience only and do not affect interpretation. No presumption shall arise against the drafting party.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Residential Lease Agreement as of the Effective Date.

LANDLORD:

[LANDLORD LEGAL NAME]
By: ______
Name: _____
Title (if entity): _____
Date: __________

TENANT(S):

[TENANT NAME #1]
Date: __________

[TENANT NAME #2]
Date: __________

[// GUIDANCE: Attach a Kansas acknowledgment form if notarization is desired, though Kansas law does not require notarization for enforceability of residential leases.]

[// GUIDANCE: Before use, counsel should:

1. Confirm Security Deposit limits (currently one month’s rent for unfurnished, 1.5 for furnished, plus up to one-half month for pets) and update any statutory citations if amended.
2. Review Section 7.2 (liability cap) for enforceability; Kansas courts may void exculpatory clauses that contravene public policy or statutory duties.
3. Insert any county-specific disclosures (e.g., floodplain, radon) or HOA rules applicable to the Premises.
4. Provide the federally required Lead-Based Paint disclosure if the structure was built before 1978.
5. Customize all bracketed placeholders and verify internal cross-references after edits.]