Kan. Stat. Ann. § 58-2562
Damage or destruction by fire or casualty; termination of rental agreement; notice; vacation of part of dwelling; reduction of rent; security deposit.
Operative Text
(a) If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that the use and habitability of the dwelling unit is substantially impaired, the tenant: (1) May vacate the premises immediately and shall notify the landlord in writing within five (5) days thereafter of such tenant's intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or (2) if continued occupancy is lawful, may vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit. (b) If the rental agreement is terminated pursuant to this section, the landlord shall return that portion of the security deposit recoverable by the tenant under K.S.A. 58-2550, and accounting for rent in the event of either termination of the rental agreement or apportionment of rent shall occur as of the date of vacating.
Under Kan. Stat. Ann. §§ 58-2501–58-2562, when fire or another casualty substantially impairs a dwelling's habitability, a tenant may either terminate the rental agreement entirely or remain and pay reduced rent proportional to the loss in rental value. If the agreement ends, the landlord must return the applicable portion of the security deposit, with all rent accounting tied to the date the tenant vacated.
Plain English — not legal advice.
Kan. Stat. Ann. §§ 58-2501–58-2562 requires landlords to accept a written termination notice from a displaced tenant within five days of the tenant vacating after a qualifying casualty event. Compliant operators promptly calculate any rent reduction owed for partially unusable units and return the appropriate share of the security deposit when the rental agreement is terminated, with all accounting anchored to the vacate date.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Kan. Stat. Ann. §§ 58-2501–58-2562, if fire or casualty makes your unit substantially uninhabitable, you generally have the option to vacate and terminate the lease by providing written notice to the landlord within five days, or to stay and seek a proportional rent reduction for any unusable portion. If you terminate, you are entitled to the returnable portion of your security deposit under the applicable Kansas statute. Tenant-rights organizations or a legal aid office can help you understand which options and documentation practices apply to your 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.
Effective Timeline
References In
Rules and statutes that cite this regulation