Kan. Stat. Ann. § 58-25,108
Security deposits.
Operative Text
(a) A landlord shall not demand or receive as a security deposit an amount or value in excess of two months' rent. (b) All security deposits shall be held by the landlord for the tenant, who is a party to the agreement, in a bank, credit union or savings and loan association which is insured by an agency of the federal government. Security deposits shall not be commingled with the personal funds of the landlord. All security deposits may be held in a trust account, which may be a common trust account and which may be an interest bearing account. Any interest earned on a security deposit shall be the property of the landlord. (c) Upon termination of the tenancy, any security deposit held by the landlord may be applied to the payment of accrued rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with K.S.A. 58-25,113 and the rental agreement, all as itemized by the landlord in a written notice delivered to the tenant. If the landlord proposes to retain any portion of the security deposit for expenses, damages or other legally allowable charges under the provisions of the rental agreement, other than rent, the landlord shall return the balance of the security deposit to the tenant within 14 days after the determination of the amount of such expenses, damages or other charges, but in no event to exceed 30 days after termination of the tenancy, delivery of possession and demand by the tenant. If the tenant does not make such demand within 30 days after termination of the tenancy, the landlord shall mail that portion of the security deposit due the tenant to the tenant's last-known address. (d) If the landlord fails to comply with subsection (c) of this section, the tenant may recover that portion of the security deposit due together with damages in an amount equal to 1½ the amount wrongfully withheld. (e) Except as otherwise provided by the rental agreement, a tenant shall not apply or deduct any portion of the security deposit from the last month's rent or use or apply such tenant's security deposit at any time in lieu of payment of rent. If a tenant fails to comply with this subsection, the security deposit shall be forfeited and the landlord may recover the rent due as if the deposit had not been applied or deducted from the rent due. (f) Nothing in this section shall preclude the landlord or tenant from recovering other damages to which such landlord or tenant may be entitled under this act. (g) Upon termination of a landlord's interest in the mobile home park, the landlord or the landlord's agent, within a reasonable time, shall transfer the security deposit, or any remainder after any lawful deductions to the landlord's successor in interest and notify the tenant of the transfer and of the transferee's name and address or return the deposit, or any remainder after any lawful deductions to the tenant. Upon termination of the landlord's interest in the mobile home park and compliance with the provisions of this subsection, the landlord shall be relieved of any further liability with respect to the security deposit. (h) Upon termination of the landlord's interest in the mobile home park, the landlord's successor in interest shall have all the rights and obligations of the landlord with respect to the security deposits, except that if the tenant does not object to the stated amount within 20 days after written notice to the tenant of the amount of security deposit being transferred or assumed, the obligations of the landlord's successor to return the deposit shall be limited to the amount contained in the notice. The notice shall contain a stamped envelope addressed to the landlord's successor and may be given by mail or by personal service.
Kansas law under Kan. Stat. Ann. §§ 58-2501–58-25,108 caps security deposits at two months' rent and requires landlords to hold those funds in a federally insured bank, credit union, or savings and loan association, kept separate from the landlord's personal money. When a tenancy ends, the landlord must return any unused portion of the deposit—along with an itemized written notice of any deductions—within 14 days of determining the deduction amount, but no later than 30 days after the tenancy ends, possession is returned, and the tenant makes a demand. A landlord who wrongfully withholds any portion of the deposit exposes themselves to liability for that amount plus damages equal to one and a half times the amount wrongfully withheld, while a tenant who improperly uses the deposit as last-month's rent forfeits it entirely.
Plain English — not legal advice.
Under Kan. Stat. Ann. §§ 58-2501–58-25,108, compliant operators collect no more than two months' rent as a security deposit and immediately place those funds in a federally insured financial institution, in an account that is never commingled with personal or business operating funds. When a tenancy ends, landlords document all deductions with an itemized written notice and return any remaining balance within 14 days of finalizing the deduction amount—and always within the 30-day outer limit tied to termination, return of possession, and tenant demand. Landlords who own mobile home parks must also transfer deposits (or lawful remainders) to any successor in interest within a reasonable time and notify the tenant of the transfer, including the successor's name and address.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Kan. Stat. Ann. §§ 58-2501–58-25,108 gives tenants the right to have their security deposit held safely in a federally insured account, returned with an itemized accounting of any deductions, and refunded within the statutory deadlines after the tenancy ends. If a landlord fails to comply with the return and itemization requirements, tenants may be entitled to recover the withheld amount plus damages equal to one and a half times the sum wrongfully kept. Tenants who believe their deposit was improperly withheld can consider filing a claim in small claims court, contacting a local tenant-rights organization, or consulting a housing attorney to understand which enforcement path fits their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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