58-2572. Certain retaliatory actions by landlord prohibited; remedies; increased rent, when; action for possession, when.
58-2572
58-2572. Certain retaliatory actions by landlord prohibited; remedies;increased rent, when; action for possession, when.(a) Except as otherwise provided in this section, a landlord may notretaliate by increasing rent or decreasing services after:
(1) The tenant has complained to a governmental agency, charged withresponsibility for enforcement of a building or housing code, of aviolation applicable to the premises materially affecting health andsafety; or
(2) the tenant has complained to the landlord of a violation underK.S.A. 58-2553; or
(3) the tenant has organized or become a member of a tenants' union orsimilar organization.
(b) If the landlord acts in violation of subsection (a) of this section,the tenant is entitled to the remedies provided in K.S.A. 58-2563 and hasa defense in an action against such tenant for possession.
(c) Notwithstanding the provisions of subsection (a), the landlord mayincrease the rent of a tenant even though the tenant has complained of aviolation as described in clauses (1) or (2) of subsection (a) or hasorganized or become a member of an organization as described in clause (3)of subsection (a), if such rent increase does not conflict with a leaseagreement in effect and is made in good faith to compensate the landlordfor expenses incurred as a result of acts of God, public utility servicerate increases, property tax increases or other increases in costs ofoperations.
(d) Notwithstanding subsections (a) and (b), a landlord may bring anaction for possession if:
(1) The violation of the applicable building or housing code was causedprimarily by lack of reasonable care by the tenant or other person oranimal or pet upon the premises with his or her express or implied consent;
(2) the tenant is in default in rent; or
(3) compliance with the applicable building or housing code requiresalteration, remodeling or demolition which would effectively deprive thetenant of use of the dwelling unit. The maintenance of an action under thissubsection does not release the landlord from liability under subsection(b) of K.S.A. 58-2559.
History: L. 1975, ch. 290, § 33; July 1.