Kansas Security Deposit Demand Letter
In Kansas a landlord must return the balance of your deposit within 14 days of setting the deductions and no more than 30 days after you demand it. Failure to comply adds damages of 1.5 times the amount wrongfully withheld. Attorney review available.
Introduction
A security deposit demand letter is a written demand a Kansas tenant sends a former landlord to recover a security deposit that has not been returned, before filing in small claims court. Under K.S.A. 58-2550(b), when a landlord keeps any part of the deposit for allowable charges, the landlord must return the balance within 14 days after determining the amount of those charges, and in no event more than 30 days after termination of the tenancy, delivery of possession, and demand by the tenant. Any amounts applied to accrued rent or damages must be itemized in a written notice delivered to the tenant (Section 58-2550(b)). A demand by the tenant is one of the events that starts the 30-day outer limit, so sending this letter both asks for payment and fixes the deadline. If the landlord fails to comply with subsection (b), the tenant may recover the portion of the deposit due together with damages equal to one and one-half times the amount wrongfully withheld (K.S.A. 58-2550(c)); the statute conditions this on the landlord's failure to comply, not on a finding of bad faith. Deposit amounts are capped by K.S.A. 58-2550(a). If the demand is ignored, a Kansas tenant can sue in small claims court for up to $10,000 (K.S.A. 61-2703), and the deadline to sue on a written lease is five years (K.S.A. 60-511(1)). DocDraft builds your Kansas security deposit demand letter from your facts, with attorney review available before you send it.
Key Things to Know
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A security deposit demand letter is a written demand a Kansas tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to small claims court.
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When a landlord keeps any part of the deposit for allowable charges, the landlord must return the balance within 14 days after determining the amount, and in no event more than 30 days after termination of the tenancy, delivery of possession, and demand by the tenant (K.S.A. 58-2550(b)).
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A demand by the tenant is one of the events that starts the 30-day outer limit, so sending your written demand both asks for payment and helps fix the deadline (K.S.A. 58-2550(b)).
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Any amounts the landlord applies to accrued rent or to damages must be itemized in a written notice delivered to the tenant (K.S.A. 58-2550(b)).
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A landlord may apply the deposit to accrued rent and to damages the landlord suffered from the tenant's noncompliance with the tenant's statutory duties (K.S.A. 58-2555) and the rental agreement (K.S.A. 58-2550(b)).
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The deposit a landlord may demand is capped: one month's rent for an unfurnished unit, up to one and one-half months' rent if the landlord's furniture is used, plus up to one-half month's rent where pets are allowed (K.S.A. 58-2550(a)).
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If the landlord fails to comply with subsection (b), the tenant may recover the portion of the deposit due together with damages equal to one and one-half times the amount wrongfully withheld; the statute does not require a finding of bad faith (K.S.A. 58-2550(c)). Small claims are capped at $10,000 (K.S.A. 61-2703), and the deadline to sue on a written lease is five years (K.S.A. 60-511(1)).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Kansas, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Kansas Requirements for Security Deposit Demand Letter
When a Kansas landlord keeps any part of the deposit for allowable charges, the landlord must return the balance within 14 days after determining the amount, and in no event more than 30 days after termination of the tenancy, delivery of possession, and demand by the tenant (K.S.A. 58-2550(b)). Your demand letter should note that these deadlines have passed.
A demand by the tenant is one of the events that starts the 30-day outer limit for returning the balance under K.S.A. 58-2550(b). Making a clear written demand both asks for payment and helps fix the deadline; keep proof of when you sent it.
Any amount a Kansas landlord applies to accrued rent or to damages must be itemized in a written notice delivered to the tenant (K.S.A. 58-2550(b)). A landlord who keeps money without delivering an itemized written notice has not complied with subsection (b).
A Kansas landlord may apply the deposit to accrued rent and to the amount of damages the landlord suffered from the tenant's noncompliance with the tenant's statutory duties (K.S.A. 58-2555) and the rental agreement (K.S.A. 58-2550(b)). Amounts outside accrued rent and tenant-caused damage can be disputed.
A Kansas landlord may demand no more than one month's rent for an unfurnished unit, up to one and one-half months' rent if the landlord's furniture is used, plus up to one-half month's rent where pets are allowed (K.S.A. 58-2550(a)). A deposit above those limits is not authorized.
If a Kansas landlord fails to comply with subsection (b), the tenant may recover the portion of the deposit due together with damages equal to one and one-half times the amount wrongfully withheld (K.S.A. 58-2550(c)). This is a flat multiplier tied to the failure to comply; the statute does not require proof of bad faith.
Because the tenant's demand is a statutory return trigger, send your demand using a trackable method such as certified mail with return receipt, and provide your forwarding address. Keep a copy of the letter and the delivery record for a later small claims filing.
If the demand is ignored, a Kansas small claim is capped at $10,000, exclusive of interest and costs (K.S.A. 61-2703). The deadline to sue on a written lease is five years (K.S.A. 60-511(1)), though filing promptly after the demand is the practical course.
Frequently Asked Questions
It is a written demand a Kansas tenant sends a former landlord to recover a security deposit the landlord did not return within the time K.S.A. 58-2550(b) allows. A demand by the tenant is also one of the events that starts the 30-day outer limit for returning the balance, so the letter serves two purposes: it asks for payment, and it helps fix the deadline. It states the amount owed, disputes any improper deductions, and can note the damages of one and one-half times the amount wrongfully withheld under Section 58-2550(c).
A Kansas security deposit demand letter is an informal written request that costs nothing to send and asks the landlord to pay before any case is filed. Small claims court is a formal case you file, usually after the demand is ignored, where the claim may not exceed $10,000 (K.S.A. 61-2703). The demand letter often resolves the dispute on its own, and if it does not, it becomes evidence that you asked for the deposit and made the demand that the return deadline in K.S.A. 58-2550(b) refers to.
Under K.S.A. 58-2550(b), when a Kansas landlord keeps any part of the deposit for allowable charges, the landlord must return the balance within 14 days after determining the amount of those charges, but in no event more than 30 days after termination of the tenancy, delivery of possession, and demand by the tenant. The tenant's demand is one of the events that triggers the 30-day outer limit. If those windows pass with no return and no itemized notice, a demand letter is the usual next step before small claims court.
Under K.S.A. 58-2550(c), if a Kansas landlord fails to comply with the return and itemization requirements of subsection (b), the tenant may recover the portion of the deposit due together with damages equal to one and one-half times the amount wrongfully withheld. This is a flat multiplier tied to the landlord's failure to comply; the statute does not require the tenant to prove bad faith or a willful violation. Citing it in your demand letter signals that a wrongful withholding can cost the landlord more than the deposit.
Under K.S.A. 58-2550(b), a Kansas landlord may apply the deposit to accrued rent and to the amount of damages the landlord suffered because of the tenant's noncompliance with the tenant's statutory duties (K.S.A. 58-2555) and the rental agreement, all as itemized in a written notice delivered to the tenant. Amounts that are not itemized, or that fall outside accrued rent and tenant-caused damage, can be disputed in your demand letter.
Yes. Under K.S.A. 58-2550(b), a Kansas landlord who applies the deposit to accrued rent or damages must itemize those amounts in a written notice delivered to the tenant, and must return the balance within 14 days after determining the amount and no later than 30 days after termination, delivery of possession, and demand by the tenant. A landlord who keeps money without delivering an itemized written notice has not complied with subsection (b), which supports your demand and the 1.5 times damages under subsection (c).
A Kansas small claim is capped at $10,000, exclusive of interest and costs (K.S.A. 61-2703). A deposit claim can include the portion of the deposit due plus damages equal to one and one-half times the amount wrongfully withheld where the landlord failed to comply with K.S.A. 58-2550(b), under Section 58-2550(c). The deadline to sue on a written lease is five years (K.S.A. 60-511(1)), though sending your demand letter and filing promptly is the practical approach.
A Kansas demand letter should identify you and the landlord, give the rental address and the dates of the tenancy, state the deposit amount and your forwarding address, and make a clear demand for the deposit, since a demand by the tenant is one of the events that starts the 30-day return limit under K.S.A. 58-2550(b). It should dispute any deductions that were not itemized in a written notice, state the exact amount owed, and demand payment by a specific date. Referencing the damages of one and one-half times the amount wrongfully withheld under Section 58-2550(c) reinforces the demand.