58-25,125. Certain retaliatory actions by landlord prohibited, remedies; increased rent, when; action for possession, when.
58-25,125
58-25,125. Certain retaliatory actions by landlord prohibited, remedies;increased rent, when; action for possession, when.(a) Except as provided in this section, a landlord shall not retaliate byincreasing rent or decreasing services or by failing to renew a rentalagreement after any of the following:
(1) The tenant has complained to a governmental agency charged withresponsibility for enforcement of a building or housing code of a violationapplicable to the mobile home park materially affecting health and safety;
(2) the tenant has complained to the landlord of a violation under K.S.A.58-25,111; or
(3) the tenant has organized or become a member of a tenant's union orsimilar organization.
(b) If the landlord acts in violation of subsection (a), the tenant isentitled to the remedies provided in K.S.A. 58-25,119 and has adefense in an action 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 clause (1) or (2) of subsection (a) or has organizedor become a member of an organization as described in clause (3) of subsection(a), if such rent increase does not conflict with a lease agreement in effectand is made in good faith to compensate the landlord for expenses incurred as aresult of acts of God, public utility service rate increases, property taxincreases or other increases in costs of operations.
(d) Notwithstanding subsections (a) and (b), a landlord may bring anaction for possession if either of the following occurs:
(1) The violation of the applicable building or housing code was causedprimarily by lack of reasonable care by the tenant or other personupon the premises with the tenant's consent.
(2) The tenant is in default of rent three days after rent is due. Themaintenance of the action does not release the landlord from liabilityunder subsection (b) of K.S.A. 58-25,117.
History: L. 1992, ch. 306, § 27; July 1.