How to Break a Rental Lease in Kansas

Step-by-Step Guide

1. 1

   Step 1: Write an intent to vacate letter to your landlord.

   The letter should but courteous, but clearly and firmly outline your desires and willingness to cooperate.
   
   You must give 30 days notice.
   
   A letter may read as such:
   Dear Mr./Ms.
   
   LANDLORD NAME:
   As you know, due to REASON, it is necessary for me to terminate my lease at ADDRESS.
   
   This letter is my final notice as I will vacate the property on DATE NOT LESS THAN 30 DAYS AWAY.
   
   I am sorry for any inconvenience this may cause you.
   
   It is my desire to be released from my lease without fault, since the circumstances of my departure are beyond my control.
   
   I would be glad to cooperate in the interim in order to mitigate your losses and see that a new tenant is found as promptly as possible.
   
   To that end, I would be happy to show the home to prospective tenants and hand out rental applications and leave the home in a clean and move-in ready condition to allow new tenants to move in promptly.
   
   In addition, as I made a security deposit of $AMOUNT on DATE, I expect to receive the deposit refunded in full pursuant to 58-2550 (b) of the Kansas Residential Landlord and Tenant Act.
   
   If you feel that you are entitled to retain any portion of the deposit, you must provide me with an itemized statement of all charges and any refund within 30 days.
   
   Please let me know if I can do anything to make the process move more smoothly and to your satisfaction.
   
   Sincerely,
2. 2

   Step 2: Type the letter and sign it.

   Retain a signed copy for your records and mail the letter via certified mail. , If you have caused any damage to the apartment offer to fix it promptly and to the landlords satisfaction.
   
   Also, offer to post ads for the rental on craigslist, facebook and anywhere else it is likely to be seen.
   
   Ask the landlord to send copies of the rental application and verify the application fee and address where interested applicants can send them.
   
   Make arrangements with the landlord to do a walk through and return the keys. , It is important to show the space as soon as possible because once a landlord has a new tenant in the unit your previous lease is cancelled.
   
   Meaning that if a new tenant moves in immediately after you move out you are no longer liable for any future rent. , Leave the apartment in as good or better condition than you found it. , This is important as landlords are only allowed to retain the deposit for unpaid rent or damages to the unit.
   
   The letter may read as such:
   Dear Mr./Ms.
   
   LANDLORD NAME:
   As you recall, I paid a security deposit of $AMOUNT on DATE for my tenancy at ADDRESS.
   
   Please refund the deposit in full pursuant to 58-2550 (b) of the Kansas Residential Landlord and Tenant Act.
   
   If you feel that you are entitled to retain any portion of the deposit, you must provide me with an itemized statement of all charges and any refund within 14 days.
   
   Sincerely, , Send the letter via certified mail. , If the landlord attempts to collect attorney's fees from you, you may counter sue for 1 1/2 times the amount he or she attempted to collect from you.
   
   Skip this step if you are summoned to small claims court. , If the landlord fails to prove that he or she made a reasonable effort to rent the space and you can prove that you made every effort to assist in the process, the judge will likely rule in your favor.
3. 3

   Step 3: If you have not heard from your landlord within a few days call to follow up and find out how he or she wants to proceed.

4. 4

   Step 4: If the landlord is not amenable to the prospect of having you show the apartment offer once again in writing

5. 5

   Step 5: either via email or snail mail and remind the landlord that he or she is obligated to make a reasonable effort to rent the property at a fair value pursuant to 58-2565 (c) of the Kansas Residential and Landlord Tenant Act.

6. 6

   Step 6: Move out on the date indicated in your intent to vacate letter.

7. 7

   Step 7: If the landlord has not sent you a refund for your deposit within 14 days of your move out

8. 8

   Step 8: send a letter officially requesting the refund.

9. 9

   Step 9: Type and sign the letter and retain a copy.

10. 10

    Step 10: If you are given service to appear in court via an attorney's office

11. 11

    Step 11: send the landlord one final email reminding him or her that pursuant to 58-2547 (a) you cannot be held liable for your landlord's attorney's fees if he or she follows through with the suit.

12. 12

    Step 12: If after all this

13. 13

    Step 13: the landlord proceeds with the suit (or if you are ordered to small claims court)

14. 14

    Step 14: bring with you copies of your lease and all correspondence between you and your landlord.

Detailed Guide

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