Kan. Stat. Ann. § 58-2561
Action for possession for nonpayment of rent; counterclaim, waiver; accrued rent, payment into court; disposition; when judgment for tenant.
Operative Text
(a) In an action for possession based upon nonpayment of the rent, or in an action for rent where the tenant is in possession, the tenant shall counterclaim for any amount which such tenant may recover under the rental agreement or this act or such counterclaim shall be deemed to have been waived. In that event, the court from time to time may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and the balance shall be paid by the other party. If no rent remains due after application of this section, judgment may be entered for the tenant in the action for possession. (b) In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subsection (a), but the tenant shall not be required to pay any rent into court.
Under Kan. Stat. Ann. §§ 58-2501–58-2561, when a landlord sues for possession due to unpaid rent or sues for rent while the tenant remains in the property, the tenant must raise any claims they have under the rental agreement or Kansas law in that same proceeding or those claims are waived. The court may require the tenant to pay accruing rent into court while the case proceeds, then calculates what each side owes the other and distributes the funds accordingly. If the tenant's counterclaims offset all rent owed, the court may rule in the tenant's favor on the possession action itself.
Plain English — not legal advice.
Landlords pursuing eviction or rent-collection actions under Kan. Stat. Ann. §§ 58-2501–58-2561 should be aware that the court may order rent paid into court during the pendency of the case and will apply those funds against amounts owed to each party. A compliant operator keeps accurate rent ledgers and documentation of any lease violations so that the court can properly calculate net amounts owed. If the tenant's counterclaims eliminate the rent balance, the landlord's possession claim may be denied, making thorough record-keeping especially important.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Kan. Stat. Ann. §§ 58-2501–58-2561, tenants who are sued for possession or rent while still living in the property must raise any claims they have—such as habitability issues or overcharges—as counterclaims in that same case, or those claims are considered waived. If a tenant's counterclaims cancel out the rent owed, the court may enter judgment in the tenant's favor on the eviction action. Tenants facing such proceedings may benefit from contacting a local tenant-rights organization or legal aid office to understand how to properly assert counterclaims in court.
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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