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Session of 2026
HOUSE BILL No. 2634
By Representatives Howell, Howerton, Essex and Tarwater
2-2
AN ACT concerning the Kansas residential landlord tenant act; relating to
building and housing codes; creating a default maintenance code to use
for rental properties if a city or county has not adopted such a code;
amending K.S.A. 58-2553 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 58-2553 is hereby amended to read as follows: 58-
2553. (a) Except when prevented by an act of God, the failure of public
utility services or other conditions beyond the landlord's control, the
landlord shall:
(1) Comply with the requirements of applicable building and, housing
and maintenance codes materially affecting health and safety. If the duty
imposed by this paragraph is greater than any duty imposed by any other
paragraph of this subsection, the landlord's duty shall be determined in
accordance with the provisions of this paragraph;
(2) exercise reasonable care in the maintenance of the common areas;
(3) maintain in good and safe working order and condition all
electrical, plumbing, sanitary, heating, ventilating and air-conditioning
appliances including and elevators, supplied or required to be supplied by
such landlord;
(4) except where provided by a governmental entity, provide and
maintain on the grounds, for the common use by all tenants, appropriate
receptacles and conveniences for the removal of ashes, garbage, rubbish
and other waste incidental to the occupancy of the dwelling unit and
arrange for their removal; and
(5) supply running water and reasonable amounts of hot water at all
times and reasonable heat, unless the building that includes the dwelling
units is not required by law to be equipped for that purpose, or the
dwelling unit is so constructed that heat or hot water is generated by an
installation within the exclusive control of the tenant and supplied by a
direct public utility connection. Nothing in this section shall be construed
as abrogating, limiting or otherwise affecting the obligation of a tenant to
pay for any utility service in accordance with the provisions of the rental
agreement. The landlord shall not interfere with or refuse to allow access
or service to a tenant by a communication or cable television service duly
franchised by a municipality.
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HB 2634 2
(b) If a city or county has adopted an ordinance or resolution
establishing a maintenance code for the city or county for use under
subsection (a)(1), such code shall apply. In a city or county where no
maintenance code or only a partial maintenance code has been adopted, a
landlord shall comply with the international property maintenance code,
2012 (IMPC 2012) provisions to the extent that such provisions are not in
conflict with a maintenance code provision adopted by a city or county.
Nothing in this subsection shall be construed to preclude a city or county
from adopting or enforcing building, housing and maintenance codes for
use under this section.
(c) The landlord and tenants of a dwelling unit or units which that
provide a home, residence or sleeping place for not to exceed four
households having common areas may agree in writing that the tenant is to
perform the landlord's duties specified in paragraphs (4) and (5) of
subsection (a) of this section subsections (a)(4) and (a)(5) and also
specified repairs, maintenance tasks, alterations or remodeling , but only if
the transaction is entered into in good faith and not for the purpose of
evading the obligations of the landlord.
(c)(d) The landlord and tenant of any dwelling unit, other than a
single family residence, may agree that the tenant is to perform specified
repairs, maintenance tasks, alterations or remodeling only if:
(1) The agreement of the parties is entered into in good faith, and not
to evade the obligations of the landlord, and is set forth in a separate
written agreement signed by the parties and supported by adequate
consideration;
(2) the work is not necessary to cure noncompliance with subsection
(a)(1) of this section; and
(3) the agreement does not diminish or affect the obligation of the
landlord to other tenants in the premises.
(d)(e) The landlord may not treat performance of the separate
agreement described in subsection (c) of this section (d) as a condition to
any obligation or the performance of any rental agreement.
Sec. 2. K.S.A. 58-2553 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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