March 25, 2025
In Kansas, landlords are legally required to navigate tenant claims of domestic violence, sexual assault, human trafficking, or stalking with care and compliance. Under K.S.A. 58-25,137, tenants who are victims of these crimes—referred to as “protected persons”—are entitled to specific housing protections that landlords must follow.
Below is a summary of what landlords can and cannot do when a tenant claims protected status.
What Landlords Can Do:
- Request Documentation
If a tenant informs you that they are a protected person, you may ask for supporting documentation. The tenant must provide:
- A statement about the abuse; and
- Upon your request, one of the following:
- A document signed by both the tenant and a licensed professional (e.g., doctor, nurse, therapist) affirming the abuse occurred; or
- A court order granting relief related to the abuse, such as a protection from abuse (PFA) order.
- Charge a Reasonable Early Termination Fee
You may charge a fee of up to one month’s rent if a protected tenant terminates the lease early—but only if the fee is clearly outlined in the lease agreement.
- Continue the Lease with Remaining Tenants
If the protected person terminates their lease, the lease remains in effect for any co-tenants who are not vacating.
What Landlords Cannot Do:
- Deny Housing Based on Victim Status
You cannot refuse to rent to an applicant solely because they are a victim of domestic violence, sexual assault, human trafficking, or stalking—if they otherwise qualify for tenancy.
- Evict or Penalize a Protected Tenant
A tenant cannot be evicted, fined, or found in violation of their lease for being a victim, as long as they meet the other qualifications for tenancy.
- Charge Rent After a Protected Tenant Vacates
If a tenant:
- Is a protected person, and
- Properly notifies you with the required documentation,
Then they are not liable for rent after the date they vacate the property.
- Require a Tenant to Waive These Rights
You cannot include clauses in your lease that force tenants to waive any of the rights afforded to them under this statute. Any such clause would be unenforceable.
What Happens If You Violate This Law?
If a landlord violates this section:
- The tenant may file suit.
- Courts may award statutory damages of $1,000, plus attorney’s fees and costs.
Final Thoughts
Landlords should treat any claim of abuse or victimization seriously, document communications carefully, and consult with legal counsel before taking any adverse action. Understanding your rights and responsibilities under K.S.A. 58-25,137 ensures compliance and protects both you and your tenants.
Need help reviewing your lease language or responding to a tenant’s claim under this statute? Contact us at julie@mokslaw.com or 913-262-2207 for guidance tailored to Kansas landlords.