Renting a home that was foreclosed in Kansas: your rights

Your rights as a renter in Kansas, in order

1. The federal floor: 90 days and your lease

   From the new owner's written notice

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant must get written notice at least 90 days before having to move. A lease signed before the foreclosure runs to its end unless the buyer will live in the home, and that buyer must still give 90 days' notice. Section 8 voucher holders get extra protection. See [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/).

   Pub. L. 111-22 § 702; 42 U.S.C. § 1437f(o)(7)

2. Ask in writing who to pay

   As soon as you learn of the sale

   Kansas requires a landlord to tell you in writing who manages the home and who can receive notices for the owner, to keep that current, and the rule is enforceable against a successor owner. Ask the new owner in writing for those names and where to send rent. Keep paying as your lease requires and keep every receipt.

   K.S.A. 58-2551

3. Month to month notice

   30 days under state law, 90 days under federal law

   Kansas lets a month to month tenancy be ended by written notice for a rent due date at least 30 days after you receive it. After a foreclosure, the federal 90 days is longer and applies to bona fide tenants, so the longer period controls.

   K.S.A. 58-2570(b)

4. Your deposit binds whoever owns the home

   Within 30 days after you move out and ask

   The holder of the landlord's interest when your tenancy ends is bound by Kansas deposit rules. Any deductions must be itemized in writing, and the rest returned within 14 days after they are figured, and no later than 30 days after the tenancy ends, you hand back possession and ask for it. If it is wrongly kept, you can recover it plus damages of 1.5 times the amount withheld.

   K.S.A. 58-2550(b), (c), (f)

5. No lockouts or utility shutoffs

   Any time

   If a landlord unlawfully removes or excludes you, or willfully cuts off electric, gas, water or other essential service, you can recover possession or end the lease, and recover up to 1.5 months' rent or your actual damages, whichever is greater.

   K.S.A. 58-2563

6. The court eviction the new owner must use

   3 days' notice, then a court case

   Before filing an eviction case, the owner must deliver a written notice to leave at least 3 days ahead, with 2 more days if it is mailed. If a trial is needed, it must happen within 14 days after the appearance date in the summons. The 3-day notice does not shorten your federal 90 days.

   K.S.A. 61-3803, 61-3807

Common questions in Kansas