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Helping

YOU Make

The Essential Handbook

For Landlords and Tenants

RIGHTS AND RESPONSIBILITIES OF LANDLORDS AND TENANTS IN THE

STATE OF KANSAS

The City of Emporia Community Development Department and the Emporia Human Relations Commission are please to present this Essential Handbook for Landlords and Tenants.

We hope this publication will inform residential landlords and tenants of their rights and responsibilities. This handbook is offered to serve only as a guide. Legal advice should be sought directly from an

attorney at law.

EMPORIA HUMAN RELATIONS COMMISSIONMISSION STATEMENT

“Our Mission is to promote equality of opportunity for citizens of Emporia by educating

and advocating policies of nondiscrimination and enforcing City and Federal laws

that prohibit discrimination in employment, public accommodation and housing.”

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THIS HANDBOOK AND THE KANSAS RESIDENTIAL LANDLORD AND TENANT ACT COVER THE

FOLLOWING:

TENANT is defined as a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.

LANDLORD is defined as the owner of the dwelling unit, or the building of which it is a part, and it also means a manager of a premises.

OWNER is defined as one or more persons, jointly or severally, in whom is vested: (1) all or part of the legal title to property; or (2) all or part of the beneficial ownership and a right to prevent use and enjoyment of the premises.

THIS HANDBOOK AND THE KANSAS RESIDENTIAL LANDLORD AND TENANT ACT DO NOT COVER THE

FOLLOWING:

COMMERCIAL rental agreements. Residential agreements involving the following:

a. Residence in an INSTITUTION;

b. Dwelling units under contract to be sold;

c. Occupancy by a member of a fraternal or social organization in one of its properties;

d. Short-term occupancy in a hotel, motel or rooming house;

e. Occupancy is conditional upon employment (Tenant=Employee and Landlord=Employer);

f. Occupancy by condominium owners, or lease-holders in a cooperative; and

g. Premises used primarily by the occupant for agricultural purposes.

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HELPFUL INFORMATIONPAGE CONTENTS

5…………..……..…. BEFORE YOU RENT6 ………………....… RESPONSIBILITIES WHEN YOU RENT7…………………..… CITY MINIUMUM RENTAL HOUSING CODE8……………....……. ROOMMATES9………………..……. RENTAL AGREEMENTS10 …………………… SECURITY DEPOSITS11.……..……..……. ENTRY OF RENTAL UNIT BY LANDLORD

RULES AND REGULATIONS12 …………………… RENTERS INSURANCE13……….………..… RENT AND LATE FEES

SMOKE DETECTORSSALES AND FORECLOSURES

14 ………………..… BED BUGS15……………...…… LEAD-BASED PAINT REGULATIONS16……….………..… MOLD CONTAMINATION17…………..………. SMOKING IN RENTAL HOUSING18…………….……… NOTICES REGARDING COMPLAINTS, CONCERNS, AND ISSUES FOR LANDLORDS

3-DAY NOTICE FOR NONPAYMENT OF RENT TO TENANT14/30 DAY NOTICE OF TENANT NONCOMPLIANCE30 DAY NOTICE TO QUIT TO TENANT

19………………...… NOTICES REGARDING COMPLAINTS, CONCERNS, AND ISSUES FOR TENANTSTENANT NOTIFICATIONS14/30 DAY NOTICE OF LANDLORD NONCOMPLIANCE30 DAY NOTICE TO QUIT TO LANDLORD

20………..……..….. DELIVERY OF NOTICESEARLY TERMINATIONILLEGAL EVICTIONS/RETALIATION

21………….…..…… ABANDONMENT22-23………….…… INDIVIDUALS WITH DISABILITIES

UNDERSTANDING DISABILITYREASONABLE ACCOMMODATIONSREASONABLE MODIFICATIONSEXCEPTIONS

24…………….…..… SERVICE ANIMALS AND COMPANION/THERAPY ANIMALSSERVICE ANIMAL DEFINITIONCOMPANION/THERAPY ANIMAL DEFINITION

25-26………..……. REASONABLE ACCOMMODATIONS FOR INDIVIDUALS WITH SERVICE ANIMALSRIGHTS OF HOUSING PROVIDERSREQUIRED CONDUCT

27-28 ……………… RESPONDING TO A DISCRIMINATION CLAIM/CHARGEFOR LANDLORDSFOR TENANTS

29……………...…… MOBILE HOME(S) AND MOBILE HOME PARK(S)30-32..…….……… RENTERS CHECKLIST

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33……………...…… CITY CONTACT INFORMATION

BEFORE YOU RENTRenting property is a great responsibility for both landlords and tenants alike. Questions come up, problems arise, and misunderstandings happen…unfortunately that is just how it works. Here at the City of Emporia we try to help make things easier and answer even some of the toughest questions. It is important for you to know that it is not the responsibility of the City to lobby for either landlords or tenants, but to help explain the Kansas Residential Landlord & Tenant Act to help make renting property less stressful and more enjoyable for all parties.

LANDLORDS It is important to treat everyone who contacts you equally regarding renting property. Proper

ethics is that you should rent the dwelling to the first person who meets your criteria and standards. A recommendation would be to have an application form on which the potential tenants list employment or sources of income, personal references, and previous landlord references. This gives you an opportunity to know who you are renting to and ensure they can meet the established guidelines.

It is also important to know who will live in the unit. As a landlord, you must follow the City of Emporia occupancy code. More information is available at emporia-kansas.gov, or you can contact the City of Emporia’s Community Development Department at (620) 343-4291 if you have any questions.

It is always a good idea to ask the number of vehicles owned by your potential tenant(s). This will help you determine whether or not you have suitable parking arrangements for your renters. You may also ask the applicant(s) to provide you with the vehicle tag number(s) for security purposes.

As long as you are consistent in your application procedures and treatment of all who apply for your rental, your application procedures will support your acceptance or rejection of the application(s). If you reject an application on the basis of credit, you can tell them where that reference came from and give them a chance to correct any bad information that you may have received.

Application Fee(s): if you regularly use an application form and you incur actual expenses such as charges for checking references through a credit bureau, you can charge your potential tenants a nonrefundable application fee. Be sure that potential renters/applicants are aware of this fee prior to completing your application.

NOTE: You cannot reject an application on the basis of race, color, sex, religion, national origin, familial status (being pregnant or having children) or disability.

TENANTS To find rental property in the area you desire to live, be sure to check newspapers, scour the

Internet, contact local real estate brokers, check community bulletin boards, and/or drive through neighborhoods and look for property that is available for rent.

Never sign a contract or a lease for a rental unit that you have not looked at. If you have looked at an apartment and are offered a different one based on floor level, location, etc., be sure to look at the apartment/house BEFORE you sign any contracts or leases. Do not rent blindly.

Most landlords will request that you fill out a rental application – and may charge you a nonrefundable fee. Be sure to be honest in your answers and complete all sections.

If you are a person with a disability, you may ask for an accommodation to the application process.

See the RENTERS CHECKLIST on pages 25 thru 27. It will help you with inspections.

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Written or verbal discriminatory questions are not allowed. For example, questions about your race, color, sex, disability, ancestry, religion, national origin, and familial status are not allowed.

RESPONSIBILITIES WHEN YOU RENTLANDLORDS

Comply with City/County building/housing codes, as well as the Kansas Residential Landlord & Tenant Act.

Maintain common areas of the building and the grounds outside which are open to all tenants such as hallways, parking lots, laundry rooms, fitness centers, etc.

Supply heat during the winter months – Minimum Rental Housing Code specifies that all rental units must be 60 degrees Fahrenheit or higher to pass City code.

Make sure there is an adequate supply of hot and cold running water in every unit. Maintain all electrical, plumbing, sanitary, heating and ventilation systems in good and safe

working order in accordance with the City’s Minimum Rental Housing Code. Working smoke detectors are required in ALL apartment units/houses that are rented. Maintain all appliances that are provided with the property. Be sure that they are fully

functional (i.e.: burners and oven work, freezer and refrigerator function, dishwasher is operational, etc.).

If an appliance, heat, AC, etc. becomes non-functional it is your responsibility to replace this item as soon as possible with a unit no less than equivalent to what was in the property when the tenant(s) signed the lease. Example: if the central air conditioner becomes inoperable, you MUST repair or replace that unit…you are NOT permitted to place a window AC in a unit in lieu of repairs to the non-functioning unit.

Make sure trash removal is available. Ensure that renters know when and what can/cannot be disposed of.

Allow tenants to contract for services with telephone and cable providers. Allow reasonable accommodations and/or reasonable modifications for people with disabilities.

NOTE…a clean and well maintained rental unit means a HAPPY TENANT; which means less stress!

TENANTS ALWAYS pay the rent on time – your landlord is under no obligation to have to accept late rent

payments. Keep the unit and yard clean and free of debris. Your landlord/property owner of record will

receive notice of any violations from the City and may be required to pay a fine or have to appear in court – this could cause a severe strain in the relationship with your landlord.

Do not have more people living in the unit than agreed to with the landlord. Everyone who is occupying space and sleeping in the rental unit must be listed on the lease. Failure to comply could result in an unwanted eviction.

Pay utilities on time (if they are your responsibility). Let your landlord know as soon as possible if you will be away from the unit for an “extended”

(7-10 days) period of time (i.e.: vacation, hospitalization, family emergency, jail, etc.). Report to the landlord any accidents or damage to the property immediately. Follow all pet policies as detailed in your lease agreement. While many are animal lovers, do not

“sneak” extra animals into your property without the permission of your landlord/property owner. This would be a violation of your lease and could be cause for eviction for all parties residing in the unit.

Do not substantially change the property without permission from the landlord. Do not repaint rooms or install any additional amenities without prior approval from your landlord/property owner.

You are responsible for the behavior of friends and family while they are on the property.

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Be a good neighbor. Treat everyone who lives around you with respect and keep noise to a minimum.NOTE…a clean and well maintained unit means a HAPPY LANDLORD; which means less stress!

CITY MINIMUM RENTAL HOUSING CODEThe City of Emporia does its best to ensure that individuals living in Emporia have rights to decent housing. The City’s minimum housing code for rental units sets the standard for some of the basic aspects of rental housing located within the city limits of Emporia. The main areas addressed are plumbing, heating system(s), electrical system(s), smoke detectors, and egress requirements.

The specific code requirements used to determine whether a rental unit is up to standard, livable, and safe includes the following:

PLUMBING:Lavoratory basin, toilet, and tub/shower (whether combo or stand alone) are present; all being properly connected to public water and wastewater system(s). Bathroom(s) must be supplied with hot AND cold running water (both must be present).

HEATING SYSTEM:Installed and/or maintained so as to be reasonably safe for occupants and structures. Rental unit must be able to maintain a temperature of sixty-eight (68) degrees Fahrenheit to ALL livable rooms in the unit to include living room(s), kitchen(s), bedroom(s), etc.

ELECTRICAL SYSTEM:Installed and/or maintained so as to be reasonably safe to all occupants and the overall structure itself.

SMOKE DETECTORS:Each rental unit must have a minimum of 1 (one) functioning, UL-approved smoke detector on each level – no exceptions.

EGRESS (EXITS):Units must have an unobstructed means to egress (exit) leading to the ground level as required by the City’s building codes.

EXCLUSIONS: Hotels, motels, rest homes, campgrounds, state-licensed group homes, hospitals, convalescent homes, fraternities, and sororities.

How to Report a ViolationIf you need to report a rental unit in violation of this code, you may do so by signing a formal complaint at Fire Station #1 (downtown at the Civic Auditorium). All persons submitting complaints are to do so in writing and in person – no anonymous reports will be accepted and complaint must be filed by the renter (no friends or family can file on your behalf).

The Inspection ProcessOnce a formal complaint has been filed, the unit will be scheduled for inspection when staff is available. To facilitate the inspection, someone will need to be present when the inspector arrives at the rental unit, and may be required to sign a consent form.

Notification to the LandlordAfter the inspection has been completed, the landlord/property owner will be notified via certified mail as to what the violations are and suggested remedies. The landlord/property owner will have ten (10) days to fix the deficiencies.

Penalty for ViolationsProperty owners are subject to a fine of up to $500 per day, per offense, and/or jail time of up to 30 (thirty) days for unresolved violations.

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ROOMMATESChoose carefully! When two or more people decide to share a place and enter into a rental agreement together, they take on certain legal responsibilities. When roommates are parties to a rental agreement, they are usually legally obligated, both individually and as a group, to fully perform the terms of the rental. This means if roommates leave during rental terms, they are still liable for their share of the expenses. However, the remaining roommates may well be expected to pay the entire rent and utility bills (if applicable) or face eviction.

Roommates have legal responsibilities to each other. They usually agree, preferably in writing, on what bills will be shared, in what way they will be shared, and what rights each has regarding use of the place. Although roommates usually agree to share utility costs, utility companies typically require the account be in one person’s name. That person must then be responsible to collect payment from roommates for their share(s) of the rent.

It is important to find or choose a roommate that is clean and neat. It is the responsibility of all tenants to keep their unit clean and free of debris. This includes both interior and exterior areas. Failure to maintain a clean unit could present other unwelcome problems such as mice, roaches, rats, and other disease ridden critters that are dirty and destructive in nature to both the structure and to your own personal property. Failure to comply could be grounds for eviction.

Does the lease have a provision for the replacement of tenants if problems arise among roommates and someone moves out? Permission from the landlord is typically requested or required before a new person can move in, and a prospective tenant should expect to apply and be screened. Never assume that it is okay to just move in another roommate without consulting your landlord. If accepted, the new roommate should be added to the lease.

Financial disputes between roommates, if they occur, can be settled in small claims court. It is not the responsibility of the landlord/property owner, or the City of Emporia, to mediate financial discrepancies for anyone. For more information about small claims court, visit http://5thjd.org/small-claims/. Claims are handled locally at the Lyon County Courthouse and not at the City of Emporia offices.

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http://5thjd.org/small-claims/

RENTAL AGREEMENTS A rental agreement between the tenant and the landlord can be written or verbal. A rental

agreement can be anywhere from month-to-month or for a specific long-term period such as six months or a year. Your lease should have the duration of the lease well spelled out.

In all cases, whether or not there is a written agreement, the landlord and tenant are subject to the law of the State of Kansas or any ordinance of the City of Emporia.

Verbal rental agreements are considered to be month-to-month agreements unless otherwise specified (i.e.: every two weeks or week-to-week).

A written agreement can make the rental relationship clear and concise. Both the landlord(s) and tenant(s) know what is expected of them with a written agreement – it eliminates assumptions and grey areas.

Unless otherwise specified, the rent due date is assumed to be the first of the month. To protect both parties against any misunderstandings, be sure to indicate the appropriate rent due date in the agreement, and on the rent receipt, check or money order. Landlords should provide a written receipt and tenants should always request a written receipt for their personal records.

If a tenant moves in during the middle of a rent term, the landlord may pro-rate the rent for the first month, indicating what dates were covered.

The written rental agreement should include at least:a. Name and address of the owner or person authorized to manage the property. b. Telephone number(s) for landlord and maintenance personnel. c. Name(s) of tenant(s) and address(es). d. Emergency name and contact information for the tenant(s). e. Check list of services and the responsible party. f. Terms of the agreement (month-to-month, six months, etc.).g. Rental amount and due date. h. Any late fee policy (if applicable).i. Security deposit (more information regarding security deposits on page 10)

Within five (5) days of the initial date of occupancy or upon delivery of possession, the landlord(s), or the landlord’s designated representative(s), and the tenant(s) should jointly inventory the premises. A written record detailing the condition of the premises and any furnishing or appliances provided should be completed. Both parties should sign the inventory and both should receive a copy. If at all possible, take pictures of any damages you see even if the landlord says it will be replaced or repaired.

Tenant(s) should never sign an unclear rental agreement; landlord(s) should answer all relevant questions.

If the apartment/house is shared (roommate), it is recommended to have separate rental agreements for each tenant listed on the lease. If that cannot be done, it is best if all responsible parties sign the rental agreement and multiple copies be distributed.

The tenant should receive a copy of the completed rental agreement.

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SECURITY DEPOSITSBefore you are able to move into a rental unit, your landlord may ask for a security deposit. The money is placed with your landlord as insurance against the risk that you will not damage the property, leave owing rent, etc. Many times questions come up regarding the amount of security deposits and what the regulations state upon termination of the rental agreement. We hope this information will be helpful to you in answering those questions:

How much can a security deposit be?If the unit does not have furniture in it, the landlord cannot ask for more than one month’s rent as security deposit. If the unit does have furniture, the landlord cannot ask for more than one and one half month’s rent. A landlord may also ask for a pet deposit, which cannot be more than half of 1 (one) month’s rent.

How can you get your security deposit back when the lease terminates? Your landlord MUST return your security deposit, UNLESS:

You owe back rent; You did not leave the rental unit as clean as it was when you moved in; There was damage to the rental unit that happened while you were renting it. This does not

include normal wear and tear of which the landlord cannot deduct anything from the rent. If the damage is more than ordinary wear and tear, such as holes in the walls, chewed up baseboard, damaged doors, damaged window coverings, etc., the landlord can take out the amount it would cost to return the unit to how it was when you had moved in. The rest of the security deposit not spent on cleaning or repairing the unit MUST BE returned to you.

Does the landlord have a deadline to return a security deposit? YES: In Kansas, the landlord must mail your security deposit to you within 30 (thirty) days. If you do not receive your deposit by the deadline, write your landlord a letter requesting the return of your deposit. If you still do not get your deposit back, you may have to sue the landlord/property owner in Small Claims court. For more information about small claims court, visit http://5thjd.org/small-claims/. Claims are handled locally at the Lyon County Courthouse and not at the City of Emporia offices.

Can you use your security deposit to pay your last month’s rent?NO: you must pay your last month’s rent. You can write a letter to your landlord requesting to use your security deposit as rent for the last month, BUT the landlord must agree and it should be in writing. If you do not pay your last month’s rent you forfeit your security deposit AND the landlord may start legal action in Small Claims court to recover the amount of the rent owed.

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http://5thjd.org/small-claims/

ENTRY OF RENTAL UNIT BY LANDLORDMany times tenants ask, “Can the landlord just enter my property whenever they want?” The answer is simple…NO! Only in cases where there is a serious hazard involving possible loss of property or life, the landlord may not enter your home without permission.

The landlord may, after giving “reasonable notice” and arranging a “reasonable time,” enter your home for almost any reason (i.e.: to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements; or to show the unit to possible purchases, lenders, tenants, workmen or contractors.

Now to understand what is “reasonable notice” and “reasonable time.”

“Reasonable notice” is something you and your landlord have to decide together. If you don’t mind if your landlord comes over without calling first, that’s fine. But you can insist that your landlord let you know as much as 48 (forty-eight) hours in advance. Normal notice can be anywhere from 1 (one) to as much as 24 (twenty-four) hours. There is no specific amount of time stated in the Kansas Residential Landlord & Tenant Act to define how much time is acceptable as notice. You should select your normal standard (what you find acceptable), preferably put it in writing, and be consistent.

“Reasonable time” is also something you and your landlord need to work out. Because you are paying rent on your place, you do have a right to privacy and to decide who comes in and out. If it is important to you, you have the right to insist that you be at home when your landlord or property owner comes over to enter the unit. If it is impossible for you to arrange a time when you can be home and your landlord can reasonably arrange to come over, then you may need to leave your key with a friend or relative or let the landlord make the repairs in your absence.

Try and be as flexible with scheduling to be fair to both the landlord and the tenant. Be considerate of each others’ time.

LANDLORDS: Be sure to provide “reasonable notice” regarding entry of the unit. TENANTS: Work with your landlord to allow entry.

RULES AND REGULATIONSIn addition to the rental agreement, landlord(s) may have a list of rules and regulations. The landlord is required to notify the tenant(s) before the rental agreement begins. The tenant should examine all rules carefully and decide if they are compatible with his/her lifestyle. While there is no limit to the number of rules, Kansas law does limit their purpose. All rules must be designed either to benefit the tenants or protect the landlord’s property. They must be clear and they cannot be for the purpose of allowing the landlord to avoid his/her legal responsibilities. Rules must apply equally to all tenants.

If a landlord wants to change or add any rules during the course of the rental agreement, the tenant(s) will be bound by them only if the tenant voluntarily agrees to them in writing. Otherwise, the landlord should give notice of the new rules when the rental agreement renews.

With a month-to-month arrangement, each new month is like a new lease; therefore, the new rules would take effect after a thirty (30) day written notice in advance of a rent date whether tenant(s) agree or not.

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RENTERS INSURANCERenters insurance may be the most overlooked item by consumers. Landlords have insurance, but ONLY for the building; they are not responsible for protecting the renter’s property in the event of a disaster or incident.

Renters insurance, to insure your personal belongings, is available to anyone living in rental housing. Rates vary depending on the amount of insurance, the area in which the apartment or house is located, and the type of structure. You should check several companies to determine which is cheapest and provides the best coverage. Check especially whether the policy covers stolen items (i.e.: a bicycle or items stolen from your vehicle, theft, etc.). Make sure that items stored in a locked storage unit (either provided by the landlord or elsewhere) are covered in your policy. Also determine the deductible amount and whether the insurance company will pay replacement value for possessions which are stolen or destroyed by fire.

The Kansas Insurance Commissioner’s office has information about companies doing business in Kansas and comparable insurance rates. Their contact information is as follows:

Kansas Insurance Commissioner420 SW 9th Street

Topeka, Kansas 66612-1678Consumer Hotline: 800-432-2484 (KS only)

Phone: 785-296-3071TDD: 877-235-3151

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RENT AND LATE FEESSome landlords may require that you pay the rent in a specific way as long as they have a policy in place that treats everyone equally. Some landlords may not accept personal checks or cash; some may want only money orders or cashier’s checks, etc. In any case, tenants should always pay rent in the specified method on time and request a written receipt signed by the landlord. Copies of money order receipts, or other method(s) of payment, should be kept in your personal records as well.

Landlords may charge a ‘late fee’ for rent payments that are late, as long as it was included in the rental agreement and as long as that option is applied to all tenants. If landlords want to add the ability to charge late fees, a thirty (30) day written notice in advance of a rent date would be required in a month-to-month tenancy. Landlords would have to wait until renewal time to start charging late fees when a long-term rental agreement is in place.

NOTE: Landlords are not required to allow tenants to pay rent late. Any landlord/property owner has the right to give a three (3) day eviction notice to any tenant who does not pay rent on time.

SMOKE DETECTORSThe City of Emporia’s Minimum Rental Housing Code indicates that every dwelling unit shall be provided with operable smoke detectors – no exceptions.

The landlord shall install smoke detectors as required by the City of Emporia. The landlord shall post written instructions for the testing and maintenance of the smoke

detector(s). The tenant shall be responsible for periodically testing the unit’s smoke detector(s). It is a good practice for the tenants to change the batteries in the smoke detector(s) when they

reset their clocks for daylight savings time (spring and fall). If the smoke detector(s) fails, the tenant shall immediately deliver a written notice of failure to

the landlord. The landlord shall replace or repair the defective smoke detector within ten (10) days from the date of written notice.

The landlord shall not be responsible if the tenant removes a battery from a smoke detector.

SALES AND FORECLOSURESSALES – when a rental agreement is in place and the property is sold, the landlord must provide written notification to the tenant of the sale of the property. The tenant should contact the new owner immediately for clarification of new terms, including but not limited to the security deposit. It is highly recommended that if there is a new property owner, there should be a new lease created.

FORECLOSURES – when the property is foreclosed, in most circumstances, it also ends the lease. The foreclosure wipes out your agreement. Sadly, it doesn’t matter if a tenant still had ten (10) months left on the long-term rental agreement, it’s done.

Fortunately, that doesn’t necessarily mean tenant(s) have to leave immediately. The new owner is still required to give a proper notice of the lease termination. In 2009, Congress passed the Mortgage Reform and Anti-Predatory Lending Act in the wake of sub-prime mortgage crisis, which now typically requires ninety (90) days notice.

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BED BUGSBed bugs are small, oval, non-flying insects that belong to the insect family Cimicidae, which includes 3 (three) species that bite people. Bed bugs have flat bodies and may sometimes be mistaken for ticks or even small cockroaches. Bed bugs feed by sucking blood from humans or animals. Adult bed bugs are reddish-brown in color, appearing more reddish after feeding on a blood meal. They spread by crawling and may contaminate multiple rooms in a home or even multiple dwellings in apartment buildings.Where do bed bugs live?They can live in any area of the home and can live in tiny cracks in furniture as well as on upholstered

furniture. They tend to be most common in areas where people sleep and generally concentrate in beds. Other sites where bed bugs often live include curtains, edges of carpets, inside dressers, cracks in wallpaper, behind duplex receptacle plugs and light switches, and inside many more. They may also be present in boxes, suitcases or other goods that are moved from place to place or from a hotel to home. Bed bugs can also live on clothing from infested homes and

may be spread by a person unknowingly wearing infested clothing.

Are bed bugs harmful to my health?Although bed bugs are not known to transmit disease, they are a pest of significant public health importance. Bed bug bites can be very itchy and irritating. Most welts heal in a few days but in unusual cases, the welt(s) may persist for several weeks. Usually an anti-itching ointment will help, but if bites become infected, people should see their general practitioner. Bed bugs detect carbon dioxide emitted from warm-blooded animals and humans and respond to warmth and moisture as they approach the potential host. On humans, they tend to feed on exposed surfaces such as the face, neck, arms and hands. How do I get rid of bed bugs?Preventing bed bug infestations is the best approach. This involves thoroughly searching for bed bugs or signs of infestation in any suitable hiding place, such as bedding, upholstered furniture or packing materials that might be introduced into your home or apartment. You should search for feces, eggs, and shed “skins” of larval bed bugs, as well as for active bed bugs. While the City of Emporia will not endorse any specific treatment method, company or product, we will provide the most common options for prevention and control of bed bugs. Ways to consider include:

Vacuum thoroughly! Vacuuming helps remove the dirt that provides them with shelter. It is best to vacuum each day. Be sure to tilt mattresses, box springs, and furniture to reach all sides.

Clean bed and linens! Bed bugs are sensitive to extreme temperatures in all of their life stage. Throw bedding into a HOT dryer for at least 20 (twenty) minutes to kill bed bugs. Steam cleaning is another option that is done thoroughly at a high temperature.

Make your bed an island! Move your bed away from the wall and make sure the linens, bed skirt, and blanket to not touch the floor.

Seal crevices! Use caulk around windows, baseboards and in wall cracks and gaps. Repair or remove peeling wallpaper and tighten any loose switch covers and plates.

Give it time! Whatever technique(s) you use to manage the infestation, give them time. They didn’t come in overnight so they won’t go away overnight. Within ten (10) days you should see a significant decline in their presence; if not, restart your preventive measures again.

For most people, bed bugs are more of a nuisance than a medical threat. Humans are generally responsible for introducing bed bugs into new areas; they have a limited home range, and spread slowly by themselves. So with some diligence, you should be able to successfully eliminate the infestation.

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Your landlord is responsible for delivering a rental unit that is free of any bugs (i.e.: bed bugs, cockroaches, spiders, centipedes, ants, etc.), but it is up to the tenant to keep the unit bug free at their own expense, unless stated otherwise in your lease/rental contract.

LEAD-BASED PAINT REGULATIONSMany houses and apartments built before 1978 have paint that contains lead (referred to as lead-based paint). Lead from paint, chips, and dust can pose serious health hazards if not taken care of properly.

Federal law requires that individuals receive certain information before renting or buying housing built prior to 1978.

Under Federal law, landlords must disclose known information on lead-based paint and lead-based paint hazards before the rental agreement takes effect. Agreements must include a disclosure form about lead-based paint.

Sellers must disclose known information on lead-based paint and lead-based paint hazards before selling a house. Sales contracts must include a disclosure form about lead-based paint. Buyers have up to ten (10) days to check for lead hazards.

Copies of the pamphlet and disclosure form may be obtained FREE by calling The National Lead Information Clearinghouse at (800) 424-LEAD (5323). Copies may also be obtained on the internet at www.epa.gov/lead/pubs.leadpdfe.pdf or www.unleadedks.com. Housing and Credit Counseling, Inc. (HCCI) has a Model Lease that includes an approved disclosure form that landlords are permitted to use.

The National Lead Information Center (NLIC) provides information about lead hazards and their prevention.

Contact The National Lead Information Center to receive a general information packet, to order other documents, or for detailed information or questions. Their contact information is as follows:

By phone: call 800-424-LEAD (5323) from 7 a.m. to 5 p.m. Monday – Friday (except Federal holidays).

By recorded message: The NLIC telecommunications system receives recorded messages in English and Spanish 24 hours a day, seven days a week at (800) 424-LEAD (5323).

You may also contact the City of Emporia’s Human Relations Department or Code Services for a pamphlet in person at 521 Market Street (inside the W.L.W. Civic Auditorium) or call (620) 343-4291.

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http://www.unleadedks.com/

http://www.epa.gov/lead/pubs.leadpdfe.pdf

MOLD CONTAMINATIONMold is also among the most controversial of environmental hazards. There is considerable debate within the scientific and medical communities about which molds, and what situations, pose serious health risks to people in their homes.

Kansas Department of Health and Environment officials say to be concerned about mold but not be alarmed. The key to mold control is moisture control. If mold is a problem in a dwelling, you should clean up the mold promptly and advise your landlord(s) that there is a potential water problem. You can keep informed about the most current information regarding mold by visiting the Environmental Protection Agency or the Center for Disease Control via the web. Keep in mind, however, that most mold is not harmful to your health -- for example, the mold that grows on shower tiles is not dangerous. It takes an expert to know whether a particular mold is harmful or just annoying.

Finding mold in a rental property is one of the primary areas of concern for landlords and property owners in any area. Considering our frequent storms with flooding, it is especially important for both landlords and tenants to know that mold can form in as little as 24-48 hours. Unresolved mold can even cause future problems renting and/or selling a home. Surprisingly, landlord’s responsibilities regarding mold usually go unstated in regulations, building codes, statutes, and ordinances. Furthermore, unfortunately, no Federal laws for mold have been declared in any country throughout the globe.

When tenants find mold in an apartment or rental house, they usually want the landlord to pay for mold removal. Sometimes disputes occur when landlords don’t want to pay.

So what is the landlord’s responsibility for mold in rental property?

Landlords MUST notify tenants about the known presence of any mold (regardless of what type) in rental property BEFORE the lease is signed. “Not knowing about the mold” is NOT an excuse if a “reasonable person*” would have known.

Landlords MUST remove mold from a rental property and are responsible for the cost of mold removal if the mold occurs as a result of something the landlord is responsible for. For instance, if a leaky roof or a broken water pipe causes water damage and mold begins to grow due to failure to fully clean the damage, then the landlord could be wholly responsible.

Landlords MUST remove mold from a rental property if it presents a health hazard or makes the home unlivable, even if the mold occurred as a result of something the tenant did (for instance, if the tenant left windows open when it was raining and permitted the carpet to get wet and become moldy, if the tenant failed to put up a shower curtain or permitted water to get on the floor/wall while showering or bathing, if the tenant had a leak and failed to clean it up and notify the landlord immediately); HOWEVER, the landlord can charge the tenant for the cost of mold removal if the mold problem was the tenants fault.

Tenants should understand that as a renter they have the obligation to notify landlords of any issues regarding the growth of mold due to property damage or negligence. It doesn’t matter who is at fault at the time, just notice to needs to be made to prevent problems.

Furthermore, under no circumstances is any tenant permitted to withhold payment of rent due to mold complaints; nor is any landlord/property owner permitted to not clean up mold complaints even if rent has not been paid.

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*Legal Definition of REASONABLE PERSON

: a fictional person with an ordinary degree of reason, prudence, care, foresight, or intelligence whose conduct, conclusion, or expectation in relation to a particular circumstance or fact is used as an objective standard by which to measure or determine something (as the existence of negligence).

SMOKING: IS IT RIGHT OR WRONG?Welcome to a tough subject in rental housing. The neighbor smokes and you don’t…so who’s right and who’s wrong?

Well, the answer is clear, neither one. The secondhand smoke from even one tenant smoking indoors can drift into multiple units and can cause health problems and reduced quality of life for other residents. Since personal dwellings are not considered public spaces, they are generally not covered under existing legislation regulating smoking in public places.

Most cities and states do not have laws that address smoking in rental housing. However, you can work with your landlord and neighbors to adopt a smoke free policy for your unit. But understand, in rental housing it is the landlord/property owner’s decision to have a smoke-free home or not.

First, look at your lease. What does it specifically say? It may not address smoking, but there might be terms and conditions about noise or other types of behaviors that can impact the quality of life and safe enjoyment of the premises, which might be used to make a case that your neighbors should not be smoking in a way that comes into your unit.

Second, remind your landlord that it is legal to adopt a smoke free policy. Many landlords are hesitant to adopt a smoke-free policy because they mistakenly think it is illegal or discriminatory to do so. Even with an existing lease, a no-smoking lease addendum can be added at any time so long as there is a 30 (thirty) day window before implementation.

Third, communicate with your landlord and don’t be afraid to share statistical information with him/her. Communicating practical information to your landlord that shows why it is easy and in their best interest to adopt a smoke-free policy can be an effective way to convince him/her to support your desire to be free from unwanted secondhand smoke drifting into your living quarters.

If all else fails, there is always a last resort. You are welcome, at your own personal expense, to consult a private attorney to determine if seeking legal remedy is the right way to go. If nothing else has worked for you, don’t be afraid to resort to the threat of a lawsuit. No one wants to be sued. However,

understand that you are dealing with a “gray area” of the law, and cases about drifting smoke in housing have had mixed results over the years. Representatives of The City of Emporia in no way shall guarantee or encourage any resident renting property to file a legal suit against their landlord/property owner in regards to smoking.

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A smoke-free unit

is the best

interest of both

management and residents

This information is NOT intended to serve as legal advice by the City of Emporia. The law varies from jurisdiction to jurisdiction. If you intend to file a lawsuit, please consult an attorney who is familiar with the laws in the community.

NOTICES REGARDING COMPLAINTS, CONCERNS, AND ISSUES

LANDLORDS3-DAY NOTICE FOR NONPAYMENT OF RENT TO TENANTIf a tenant is behind in rent, a three (3) day notice (72 hours) can be given. Kansas law has no statutory “grace period” for rent payment; so, unless your rental agreement states a specific grace period, this notice can be issued when the rent immediately becomes delinquent This notice must state, in writing, that tenants have three (3) days (or five (5) days if the notice was mailed) to either pay the rent or move out. The notice should specifically state exactly how much rent is due.

The landlord is legally required to accept the money if the tenant offers the full amount within the notice period. If the landlord agrees to a payment plan and agrees to drop or extend the time on an eviction action, it would be best to get the agreement in writing for the protection of both parties.

Always keep a copy of the three (3) day notice for your files.

14/30 DAY NOTICE OF TENANT NONCOMPLIANCEA 14/30 Day Notice can be given to the tenant as long as the landlord clearly states the specific reason or reasons why, according to the agreement, tenants might be evicted and allows fourteen (14) days to fix the problem(s) to prevent the eviction.

Unlike the similar notice from tenant to landlord, Kansas law does not tie the Notice of Tenant Noncompliance to rent-paying dates; they can be for any thirty (30) day period.

Always keep a copy of the 14/30 Day Notice for your files.

30 DAY NOTICE TO QUIT TO TENANTA thirty (30) Day Notice to Quit is required in all month-to-month tenancies. Landlords do not have to state a reason. The key thing to remember here is that the notice must be given at least thirty (30) days in advance of a rent-due date.

Tenants must pay the last month’s rent whether they have given or received the Notice to Quit.

Always keep a copy of the 30 DAY NOTICE TO QUIT for your files.

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A smoke-free unit

is the best

interest of both

management and residents

TENANTSTENANT NOTIFICATIONS In order to develop a good business relationship with your landlord, you must likewise develop good business practices. One such practice is to communicate any issues, notices, requests or actions in writing. Make it a habit to REQUEST MAINTENANCE IN WRITING. Not only is this good business in a legal sense, but it is also good business in a practical sense. You can say what needs to be said the way it needs to be said. And, written notes tend to keep turning up and reminding people of things, whereas mental notes are easily forgotten. On the copy, note how, when, and to whom the notice is/was delivered to. Always keep a copy of the request for your files. Depending on the landlord and the rental agreement, phone calls can be considered “ok” for the first contact about a problem or in an emergency; but after that, calls should only be to say, “Did you get my note?” Some rental agreements require that maintenance requests only be made in writing – check your lease to see what method is required. And sometimes, as we know, verbal telephone messages do not always get to the intended person or they get completely forgotten about. As we all have become aware, the world of smart phones, computers, and messaging has changed the way we communicate. We do not recommend that you submit requests for repairs or any other communication regarding your tenancy via text message, Snapchat, Facebook, etc..; handle your personal business in writing to protect both you, your family, and your landlord. No one needs a Tweet! Remember the key is to be professional. There are many times when texted or emailed messages do not come out the way the sending party intended for them to be so keep it on the safe side. Tenants are always required to pay their rent. You cannot live anywhere for free. Having an eviction on your record can seriously harm your ability to find future housing, regardless of who was at fault.

14/30 DAY NTOICE OF LANDLORD NONCOMPLIANCEIf the landlord continually fails to meet maintenance or contract agreements, the Kansas Residential Landlord & Tenant Act gives the tenant the right to eventually break your rental agreement legally. To do this, the tenant must give the landlord a written notice at least thirty (30) days before rent due date.

The written notice should: Advise the landlord exactly what repairs or other actions are needed to comply with your rental

agreement or the City of Emporia’s Minimum Rental Housing Code; AND State that you will be terminating your rental agreement and moving out before the next rent

date UNLESS the repairs or actions are adequately taken care of within fourteen (14) days after receipt of the notice. If the problem is not completely fixed, or at least a “good faith effort” started, within the time you allow, then you may legally terminate the rental agreement and move out at the end of the rent period.

Assuming you were a good tenant (paid each month’s rent on time, didn’t damage the landlord’s property, etc.), the landlord should not pursue you for future rent and should return your security deposit. If you give the notice and decide not to move, make your plans well known and communicated to the landlord in writing.

Unlike the similar notice from tenant to landlord, Kansas law does not tie the Notice of Tenant Noncompliance to rent-paying dates; they can be for any thirty (30) day period. Always keep a copy of the 14/30 Day Notice for your personal files.

30 DAY NOTICE TO QUIT TO LANDLORDA thirty (30) Day Notice to Quit is required in all month-to-month tenancies. Tenants’ planned move-out date should be specified. Tenants do not have to state a reason for their decision to quit their tenancy.

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The key thing to remember here is that the notice must be given at no less than thirty (30) days in advance of a rent-due date. Tenants must pay the last month’s rent whether they have given or received the notice to quit.

DELIVERY OF NOTICESKansas law generally recognizes delivery of notices when they are:

1. Hand delivered to the person or to someone over twelve (12) years of age who lives at the person’s address; or

2. Posted in a conspicuous place at the person’s address such as a front door, or3. Mailed to the person’s address (Certified is the most recommended method). NOTE: it is not the

landlord’s problem if a tenant is notified of a certified letter and fails to pick it up or sign for it. Avoiding picking up a certified notice does not eliminate the obligation!

EARLY TERMINATIONPeoples’ circumstances do change from time to time. Suddenly and without warning, a better job may open up for a tenant out of town or tenant(s) may have an emergency or maybe a landlord sold their property sooner than expected. In situations such as these, both the tenant(s) and the landlord(s) should try to work something out. Clear and open communication is the best practice.

Because a written rental agreement is a legal document, either party may consult with an attorney at their own expense to understand their legal options in such instances.

ILLEGAL EVICTIONS/RETALIATIONKansas law says it is unlawful for any landlord to force a tenant to move out by raising the rent or decreasing the services (i.e.: stop paying some of the utilities, cease doing some regular maintenance) after tenants have:

Complained to the landlord because needed repairs are not being made; or Asked a governmental agency to inspect and/or complained to a governmental agency who can

force the landlord to make repairs.

An important thing to remember is that, for the law to protect tenants, the tenant needs to be paid up to date with their rent, continue paying rent during the time of their complaints, and otherwise be a “good tenant” (keep their place clean, not disruptive to the neighbors, etc.). Retaliation is illegal and has serious consequences for both landlords and tenants alike.

Contact the City of Emporia Human Relations office at (620) 343-4291 for more information.

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ABANDONMENTA rental unit may be considered abandoned if the tenant:

1. Is at least ten (10) days late with rent; AND2. Appears to have removed a substantial portion of the personal belongings; AND3. Did not tell the landlord that he or she intended to stay.

ALL 3 CRITERIA MUST BE MET – NO EXCEPTIONS!

DISPOSAL OF PERSONAL PROPERTYWhere there has been abandonment, or where the tenant has been removed as a result of an eviction action, or where a tenant has moved out but has left items of personal property at the rental unit, Kansas law says that the landlord may sell or dispose of the tenant’s property if he or she does the following:

1. Holds the property for at least thirty (30) days, giving the tenant(s) the right to redeem if outstanding debts are settled; AND

2. Puts an ad in the newspaper for at least fifteen (15) days before permanently disposing of the tenant’s property. No later than seven (7) days after the ad is published, the landlord must send a copy of the ad to the tenant(s) at the last known address (which is an important reason for a tenant to file a change of address with the post office).

So, if the landlord is legally holding tenant’s personal property, the tenant has a chance to claim the items by contacting the landlord before the thirty (30) days are up and paying what he or she still owes. This amount may include the cost of packing and storing the property, court costs, rent or other charges the tenant(s) owed when they moved out.

One important rule to consider is to be certain that the property has been truly abandoned. Keep in mind there may be times when the tenant may have little to no time to provide any notice that they will be away from the property for a short-term amount of time (i.e.: family emergency, jail, death, illness, etc.). We encourage extreme caution when determining that properly has truly been abandoned.

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INDIVIDUALS WITH DISABILITIESAll prospective and current tenants must be treated equally. Federal laws, as well as City of Emporia laws, extend protections from discrimination on the basis of race, sex, religion, national origin, ancestry, color, familial status, and disability.

Familial status refers to families with children under the age of eighteen (18) living with parents or legal custodians, and women who are pregnant.

UNDERSTANDING DISABILITYA person with a disability is defined as:

Any person who has a physical or mental impairment which substantially limits one or more of such person’s major life activities (i.e.: caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, mental and emotional processes such as thinking, concentrating, interacting with others, etc.); and

Any person who has a record of having such impairment; and Any person who is regarded as having such impairment.

Persons covered include: Persons with disabilities (as defined above); Persons associated with persons with disabilities (i.e.: friends, family, caretaker, etc.); or Persons regarded as having a disability.

REASONABLE ACCOMMODATIONSA person with a disability may request a “reasonable accommodation” in rules, policies, practices or services. When such accommodations may be necessary to afford such person equal opportunity to use and enjoy a rental unit, landlords must consent to it.

A reasonable accommodation can be requested for every type of housing activity. Examples are: Application Screening Lease negotiation Terms and conditions Termination of tenancy Mortgage application Mortgage terms

Reason accommodations common examples are: Parking Assistive animals Rent payment plans Early termination agreement Relocation to a more accessible unit if available Extension of search time for relocation

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REASONABLE MODIFICATIONSA person with a disability can request a “reasonable modification” (i.e.: installation of a ramp to access a dwelling, installation of grab bars to provide use of the toilet, tub or shower, etc.) if such modification is necessary to afford such person full enjoyment of the premises. Landlord must allow a disabled tenant, at their own expense, to make the modification to a rental unit to make it accessible. (The landlord does have the right to insist on certain standards of workmanship and, in some cases, on restoration of the property to its original condition to move-out).

EXCEPTIONSIf an apartment complex receives Federal funding, it must make modifications to be accessible to those with disabilities. The disabled tenant may, in most cases, request the management of the apartment complex to modify the unit to make it accessible without cost to the tenant.

PROCESS FOR REQUESTING REASONABLE ACCOMMODATION/MODIFICATION: The request can be verbal or written. The process to discuss the request must be done in good faith and in a fair manner. Can be informal. Must be done in a non-harassing, non-retaliatory manner. Confidentially must be maintained (other staff members do not need to know a reason for the

approval of the request).

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SERVICE ANIMALS AND COMPANION/THERAPY ANIMALSLandlords, tenants, and owners in multifamily rental units often have questions about service animals in housing. In many areas, despite laws that protect people with disabilities to have service animals in housing, confusion about the rights and obligations continue to persist. This can lead to discrimination. The federal Fair Housing Act is the law that provides the guidance necessary to answer the questions that arise about service/companion animals in housing.

In order to be protected by the Fair Housing Act with regard to service animals, three (3) tests must be met:

1. The person must have a disability. 2. The animal must serve a function directly related to the person’s disability. 3. The request to have the service animal must be reasonable.

SERVICE ANIMAL DEFINITIONService animals perform a wide variety of tasks for people with a wide variety of disabilities. Here are some examples:

Guiding a person who is blind or has limited vision. Alerting a person who is deaf or hard of hearing to noises such as alarms, doorbells, a crying

baby, etc. Assisting wheelchair users by retrieving dropped items, opening doors, pulling a wheelchair or

carrying supplies. Sensing a warning about a person’s coming seizure. Providing support or balance for someone with an unsteady gait.

The Fair Housing Act does not define “service animal” per se, and does not make a distinction among certified service animals, non-certified animals, animals that provide psychological support, and service animals in training that live with the people with disabilities for whom they will work. The Act does not have restrictions about who may train the animal. However, the Act recognizes that service animals are necessary for the individuals with disabilities who have them, and as such does not categorize service animals as “pets.” Service animals, then, cannot be subject to “pet rules” that may be applied by housing providers to non-service animals. For example, housing providers cannot impose upon service animals the size or weight restrictions of a pet rule, exclusions from areas where people are generally welcome, or access restrictions to only a particular door or elevator. Further, special tags, equipment, certification or special identification of service animals cannot be required.

**A service or companion animal is not a pet and it is unlawful to require any additional deposits. The tenant is responsible for the actions of his/her animal and can be held accountable for any damage to the property. Additionally, the tenant must comply with established policies such as cleanliness and maintenance of the unit as well as leash requirements and noise guidelines.

COMPANION/THERAPY ANIMAL DEFINITIONCompanion animals, also referred to as assistive or therapeutic animals, can assist individuals with disabilities in their daily living, and as with service animals, help disabled persons overcome the limitations of their disabilities and the barriers in their environment. They are typically for individuals with mental disabilities and can assist the person with depression, anxiety or provide emotional support.

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REASONABLE ACCOMMODATIONS FOR INDIVIDUALS WITH ANIMALSReasonable accommodations are modifications that are practical and feasible. The Fair Housing Act requires that owners and landlords provide reasonable accommodation (that is, a change in rules and policies) when necessary to permit an individual with a disability equal opportunity to use and enjoy a dwelling. It is the responsibility of the person with the disability to request any necessary reasonable accommodations necessary for tenancy.

The Act does not specifically limit the number of service animals an individual with a disability may have. Requests for multiple service animals may be reviewed on a case-by-case basis. Housing providers may impose limitations if it can be demonstrated that an individual’s request for reasonable accommodation exceeds what is necessary for that person to have full use and enjoyment of premises.

Individuals with disabilities may request other reasonable accommodations regarding their service animals. For example, a person with mobility impairment may find it difficult to walk a service dog. He/she and the landlord might work together to identify a mutually agreeable, and accessible, area of the property on which the animal can relieve itself.

Housing providers may ask an applicant or tenant to provide documentation from a qualified professional that the individual has a disability and requires a service animal as an accommodation. Housing providers may not ask an applicant for tenant to provide:

Any details about the applicant’s/tenant’s disability Medical records of any type Proof of training for the animal (such as a training certificate)

Individuals with disabilities may ask their housing provider to make reasonable accommodations in the “no pets” policy to allow for their use of a companion/assistive animals. The housing provider may ask the disabled applicant/tenant to provide verification of the need for the animal from a qualified professional. Once that need is verified, the housing provider must generally allow the accommodation.

RIGHTS OF HOUSING PROVIDERSIndividuals with disabilities are solely responsible for the conduct of their service animals, and housing providers may have recourse available if the tenant fails to satisfy this obligation. For example, a housing provider may require payment for damages (such as chewed carpeting, scratched doors and trim, etc.), or insist that the service animal be prevented from repeated barking that disturbs neighbors. However, a housing provider may first be obligated to attempt resolution of the problem before eviction proceedings are initiated. Complaints about a service animal must be substantiated and not based on speculation. It is legal for housing providers to inquire about any individual’s ability to meet the requirements of ownership or tenancy when the same inquiries are made of all applicants, whether or not they have disabilities. A provider may consider an applicant’s ability to pay, past rental history, and violations of rules and laws. Further, an application for tenancy or ownership may be rejected when it can be demonstrated by concrete and credible evidence that an individual would be a direct threat to the safety, or cause substantial damage to the property, of others. An individual with a disability will be held to the same standards of behavior and obligations as any other individual.

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REQUIRED CONDUCTFor the purpose of sale or rental, the Fair Housing Act prohibits housing providers (landlords, property managers, owners, etc.) from asking whether an individual has a disability or about the nature or severity of that disability. In addition, housing providers may not request or require medical records or documentation of disability. However, limited exception is made and questions specific to disability may be asked in certain circumstances, such as:

To determine whether an individual qualifies for residency in dwellings that are designed for, and made available only to, persons with disabilities.

When particular units are set aside for priority occupancy by individuals with disabilities. When a person with a disability requests a reasonable accommodation, such as having a service

animal in otherwise “no-pets” housing.

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RESPONDING TO A DISCRIMINATION CLAIM /CHARGEIf an individual feels he or she is being discriminated against because of a disability, and efforts to resolve the matter through discussion with housing management fail, a complaint may be filed with the City of Emporia Community Services Officer within one (1) year of the alleged discriminatory conduct.

If you have questions regarding your rights and responsibilities as a tenant or property owner, call (620) 343-4291 or visit us at:

The Anti-Discrimination law PROHIBITS discrimination:IN ADVERTISEMENT – This applies to all housing transactions.

To make, print, or publish or cause to be made, printed or published, any notice, statement or advertisement that indicates any preference, limitation or discrimination.

Prohibitions in this section apply to all written or oral notices or statements made by a person engaged in the sale or rental of a dwelling.

IN THE SALE OR RENTAL – This applies to owners with four (4) or more units. Refuse to rent or sell housing. Refuse to negotiate for housing. Make housing available. Set different terms, conditions or privileges. Falsely deny that housing is available for inspection, sale or rental. For profit – persuade owners to sell or rent (blockbusting).

Fair housing laws cover the specific decision to sell or rent to certain persons or classes of people, as well as issues such as charging higher rent or establishing different requirements, conditions or services. They cover the individuals involved as well as situations involving families or guests. They also say that legally landlords cannot threaten tenants, intimidate tenants or otherwise retaliate against tenants if the tenant stands up for his/her rights.

The City of Emporia’s Human Relations Department/Commission is available to assist tenants and landlords with any questions or concerns. The goal of the department/Commission is to conduct a thorough and objective investigation and to assume an impartial role throughout the investigation.

FOR LANDLORDS:If you receive a complaint against you:

You may contact the Emporia Human Relations Department. You may hire a personal attorney at your own expense. You may file an answer to the complaint, no later than ten (10) days after notification. The department will attempt to reach an agreement with both parties throughout the complaint

process. The department will provide an impartial investigation.

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FOR TENANTS:If you feel your rights have been violated and you have been a victim of discrimination on the basis of race, sex, religion, national origin, ancestry, color, familial status or disability contact the City of Emporia’s Human Relations Department.

If you file a complaint with the City of Emporia’s Human Relations Department, our office will assist you: In the filing process. In notifying the alleged violator. In attempting to reach an agreement with both parties throughout the complaint process. By providing an impartial investigation.

NOTE: Tenants may hire an attorney at any time during the complaint process at their own personal expense.

POSSIBLE RESULTS OF INVESTIGATION Conciliation (means both parties reach a mutual agreement). No Probable Cause (means collected evidence did not support the allegation). Probable Cause (means collected evidence supports the allegation).

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MOBILE HOME(S) AND MOBILE HOME PARK(S)The Kansas Mobile Home Parks Residential Landlord & Tenant Act is patterned after the Kansas Residential Landlord & Tenant Act and applies to owners of mobile homes renting lots. Where the mobile home itself is rented, the Kansas Residential Landlord & Tenant Act (the law described in this handbook) is applicable. Most of this handbook applies to mobile home owners/landlords as well EXCEPT:

The security deposit on the mobile home lot can be as much as two times the lot rent. Pet deposits are not addressed.

The park owner is to maintain security deposits in a separate account. Payment to the tenant of interest on the account is not required.

When a park is sold, the owners must notify each tenant in writing of the amount of the security deposit transferred to the new owners. Tenants have twenty (20) days to dispute the amount in writing.

A lease can be for a maximum of one year. When no written lease exists, sixty (60) days notice to terminate must be given by either party.

Renewable, written thirty (30) day leases may require only thirty (30) days notice to terminate. No move-in inspection of the lot is required, but is always a good idea. A mobile home owner can give a 14/30 day notice to a tenant as long as the landlord states the

specific reason(s) why, according to the agreement, tenants might be evicted and allows fourteen (14) days to fix the problem(s) to prevent the eviction. It is not tied to the rent due date.

Any improvements on the lot, except a lawn, made by the mobile home owner are the property of the mobile home owner and can be removed at move-out.

A mobile home is considered abandoned if rent is more than three (3) days late and the home owner is absent for more than thirty (30) days. The home owner is responsible for all past due lot rents, removal and storage costs, utilities due, and costs of serving any company that has a lien on the mobile home. Costs to the lien-holder begin accruing from the date of written notification.

A mobile home owner on active military duty renting a lot CANNOT give fifteen (15) days notice to terminate a month-to-month rental agreement (as residential tenants can) when transfer orders have been received. Tenancies shall be cancelled by at least sixty (60) days written notice.

Tie Downs (anchors holding a mobile home to the ground) are required on any mobile home measuring 8’ X 36’ or larger that is not on a permanent foundation. Specifics on what is required and what has been approved for use in Kansas can be obtained from the Kansas Mobile Home Parks Residential Landlord & Tenant Act.

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RENTERS CHECKLISTITEMS TO REVIEW DETAILS YES NO N/A

Rent and utility costs are within my planned budget

Is rent more than 40% of monthly income?FYI – 30% is preferred.

Duration of lease Will I be able to stay for the length of the lease (6 months, 1 year)?

Rent due date

Can I pay on time?

What happens if I do not?

Does the landlord/property manager provide receipts?

Deposit requirements

Do I have to pay the full deposit all at once?

Do I have enough money to cover the deposit?

Can I afford a pet deposit if one is required (and I own a pet)?

Inspection of the unit with the landlord

Does the landlord do a walk through before move in?

Will I get a copy of the checklist?

Rules and regulations Are they reasonable and can you follow them (i.e.: overnight guests, parties, smoking, etc.)

Adequate parking Where do I park? Is it designated/guaranteed?

Amenities (sheds, pools, garage, fitness facility, etc.)

Do I have access to them?

Are there additional charges for any of them?

Yard mowing, trimming, snow removal

Who is responsible?

Do I need to own a lawn mower?

Landlords are stable Will unit be for sale soon or under foreclosure?

Furnishings

Is the unit furnished?

If so, is everything in good condition?

Is it bug free?

Appliances

Do they come with the rental?

Does the refrigerator/freezer work? CHECK BOTH!

Do all burners on the stove work? TURN THEM ON and OFF

Does the oven work? TURN IT OFF AND ON?

Does the dishwasher cycle properly? RUN IT!

Utilities

Are utilities included in the monthly rent?

Are utilities paid up to date?

Is there a separate meter for each unit?

Can I afford the utilities cost? Check with utility vendors to get estimate of bills at the unit.

Unit/Complex meets my needs

Is traffic an issue?

Are there stores close enough?

If applicable, is there access to a bus route?

Is it fairly quiet?

Physical accessibility needs are met

Are stairs, bathroom, parking and facility entrances accessible?

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Accepts non-support animalsWhat size, breed and number of pets are allowed?

Is there an additional deposit required?

Overall appearance of unit/complex

Is it well maintained and in good condition?

Neighborhood is safe Would I feel comfortable coming home late at night?

Outside, hallway and interior lighting

Are they located in the proper places and do they work?

Condition of doorsAre the doors solid?

Do they lock?

Condition of the flooring

Are there any holes in the floors?

Are they even?

Are they cracked or chipped (tile and vinyl)?

Is the carpet clean (no stains or spots)?

Walls and ceilings

Are they cleaned and maintained?

Are they cracked or crumbling?

Is paint fresh?

Are there any holes in the walls?

Windows

Are they in good repair?

Are there screens and storm windows?

Are there any gaps around the windows?

Do they open and lock properly (check each one!)?

Plumbing

Does the hot and cold water work?

Is there good water pressure?

Does the toilet flush properly?

Are there any leaks under the sink? (Bath and kitchen)

Does the tub drain properly?

Is there water damage to walls or flooring anywhere?

Electrical/Wiring

I know where the electric panel is located?

Are there any exposed or frayed wiring?

Do ALL outlets work? (plug something in and check!)

Do all outlets/light switches have covers?

Do all lights come on when the switch is flipped to ON?

Do any lights flicker for no apparent reason?

Stairway(s) – if applicableAre they wobbly or broken?

Are they well lit at dusk/night?

Smoke and carbon monoxide testers

Is there a WORKING smoke detector? (test unit by pushing the button)

Is there a WORKING carbon monoxide detector? (test unit by pushing the button)

How old are the batteries?

Am I responsible for changing the batteries?

Heating and Air ConditionerDo they work? (test both regardless of time of year)

Do I have control over the thermostat?

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Does the AC/heat control on the wall work?

Does air (hot or cold) blow out of all vents?

Am I responsible for changing the filter?

Signs of rodents or insects

Are there any droppings in the kitchen, bathroom, cabinets, etc.? OPEN ALL CABINETS AND CHECK!

Are there any dead bugs or rodents in any area?

Has there been any report of neighbors having bug problems?

Has there been a report of a bed bug infestation?

Are there any “critter” nests anywhere?

Odor/smellsDoes the unit smell clean?

Does the apartment/house have a musty scent?

Mold

Laundry area is mold free and no water is present?

Bathroom is mold free and no standing water is present?

Are there damp, moldy odors?

Does the house/ apartment have proper ventilation?

Garbage/refuse containersI know where they are?

Is the area clean and well maintained?

WE HOPE YOU FOUND THIS INFORMATION USEFUL

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Have a question that you couldn’t find an answer for? We encourage you to reach out to the City of Emporia Human Relations/Community Development Department. We will answer any and all questions in a timely manner and do our best to get you the information you need. If you need a copy of any of the referenced documents, contact:

City of Emporia Human Relations Department521 Market StreetEmporia, KS 66801

Phone: (620) 343-4291Office Hours; Monday – Friday 8am to 5pm

Website: emporia-kansas.gov

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