Wichita Kansas Letter from Tenant to Landlord for Failure of Landlord to return all prepaid and unearned rent and security recoverable by Tenant

State:
Kansas
City:
Wichita
Control #:
KS-1038LT
Format:
Word; 
Rich Text
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Description

This form covers the subject matter described in the form's title for your State. This form is from a Tenant to Landlord providing Landlord with legal notice of his/her failure to-date to return all of the prepaid but unearned rent. Because Tenant's departure resulted from Landlord's breach of Lease Agreement and/or other wrongful conduct contrary to applicable landlord-tenant law, Tenant is demanding a refund of all prepaid but unearned rent.

Subject: Wichita Kansas Letter from Tenant to Landlord for Failure to Return Prepaid Rent and Security Deposit. Dear [Landlord's Name], I hope this letter finds you well. I am writing to address a pressing matter regarding my tenancy at [Property Address] in Wichita, Kansas. Despite the end of our lease agreement and my compliance with all the terms, I have encountered an issue that demands your immediate attention and resolution. Firstly, I would like to draw your attention to the prepaid rent for the month of [Month] which I had remitted to you upon signing the lease agreement. According to the terms outlined in the lease, this prepaid rent was to be credited towards the final month of my tenancy. However, upon vacating the premises on [Date], I discovered that the prepaid rent amount has not been duly applied, as the full amount remains unreturned. Furthermore, I am deeply concerned with the mishandling of my security deposit. As per the Kansas Landlord-Tenant Act, you are required to return the security deposit, or provide me with an itemized statement explaining any deductions within 30 days of the lease's termination. Regrettably, this timeline has passed, and I have yet to receive any refund or communication from you regarding the disposition of my security deposit. As a tenant, I have diligently fulfilled my responsibilities by maintaining the property in good condition throughout the tenancy. I have left the premises in the same condition as it was when I moved in, with only reasonable wear and tear. Hence, I can find no justification for withholding my prepaid rent and the security deposit. Failure to return prepaid rent and security deposit within the specified legal timeframe puts you in breach of our lease agreement and the state statutes, leaving me no choice but to seek legal recourse if this matter remains unresolved. I expect immediate action to rectify this situation without any further delay. In order to resolve this matter amicably, I kindly request that you provide a written response within seven (7) days of receiving this letter. In your response, please specify when and how I can expect to receive the full amount of the prepaid rent and security deposit or provide a detailed itemization of any deductions made. Please note, if a resolution is not reached, I will have no option but to retain the services of legal counsel to protect my rights and seek appropriate remedies through the judicial system. I would prefer to avoid such a course of action and work together to resolve this matter promptly. Thank you for your prompt attention to this matter. I anticipate a swift resolution and appreciate your cooperation in resolving what I believe to be a misunderstanding or oversight. Yours sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address] --- Alternate versions of the letter can be tailored when the following circumstances apply: 1. When the landlord partially returns the security deposit but fails to return the prepaid rent: Subject: Wichita Kansas Letter from Tenant to Landlord for Failure to Return Prepaid Rent 2. When the landlord fails to return the security deposit but refunds the prepaid rent: Subject: Wichita Kansas Letter from Tenant to Landlord for Failure to Return Security Deposit 3. When the landlord fails to return both the prepaid rent and security deposit: Subject: Wichita Kansas Letter from Tenant to Landlord for Failure to Return Prepaid Rent and Security Deposit.

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The right to know the identity of your landlord. The right to live in the property undisturbed. The right to see the property's energy performance certificate (EPC), which, except in very specific circumstances, should be rated a minimum of E. The right to be protected from unfair rent and unfair eviction.

(b) 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.

§ 42-25.9(d) (2021).) When the property has a value of less than $500 and has been left behind after an eviction: When the property left behind is valued at less than $500, the landlord can treat it as abandoned five days after the eviction. After those five days, the landlord can throw the property away.

The U.S. Department of Housing and Urban Development (HUD), a Kansas or local fair housing agency is ready to help you file a complaint, or you can apply for legal assistance from KLS online or call the application line at 1-800-723-6953.. Go online to HUD to learn how to file a complaint.

Learn More. If a tenant leaves property behind, can I dispose of it as I see fit or are there rules I must follow? In Kansas, you may not sell, give away, or throw out abandoned belongings until at least 30 days from the date you reclaim possession of your rental property.

In Kansas a property can be considered abandoned if after 10 days of rent being unpaid the tenant has removed a substantial amount of their personal belongings. If this is the case, then it's time to try to find another renter.

SECURITY DEPOSIT RETURN. Normally within 14 days but never more than 30 days following move-out, the landlord should return the deposit or provide the tenant with a written itemized list of deductions and a refund of any unused portion.

Damage in Kansas. ?Normal Wear and Tear? refers to the deterioration that occurs as a result of use for which the rental unit is intended and without negligence, carelessness, accident, or misuse or abuse of the premises or contents by the tenant or members of his household, or their invitees or guests.

You'll usually get your money back in 10 days - it depends on your situation and what scheme your deposit is in.

Yes, you can kick someone out of your house in Kansas. If the person did not have the landlord's permission to live in the home, and has no written or verbal lease, you can follow the Kansas trespass statutes to remove them instead of the eviction process.

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Wichita Kansas Letter from Tenant to Landlord for Failure of Landlord to return all prepaid and unearned rent and security recoverable by Tenant