C. 5-DAY NOTICE FOR FAILURE TO DELIVER PREMISES IN COMPLIANCE WITH THE RENTAL AGREEMENT AND APPLICABLE BUILDING AND HOUSING CODES MATERIALLY AFFECTING HEALTH AND SAFETY
Two forms for a landlord's failure to deliver appear below, Form 1, for use in the event that the rent at the new apartment is the same or less than the rent at the apartment being vacated, and Form 2, for use in the event that additional rent will be required at the new apartment. The tenant should fill in the blanks, provide necessary information, and send the notice by certified mail, return receipt requested, or deliver it personally with witnesses. The tenant should be sure to keep a copy of the notice for his or her records. The tenant can be held liable for rent for the term of the lease if the problems with the premises do not constitute a material noncompliance with the rental agreement or a noncompliance with K.S.A. 58-2553 materially affecting health and safety. The housing inspector can be the best witness regarding the seriousness of the problems.
Housing Code Inspector, 785-537-4506; Riley County Health Department, 785-776-4779.
NOTE: Generally, all tenants in the same unit should take the same action. Since the tenants are commonly considered partners for the purposes of the lease, either all or none can terminate.
--------------------(Detach the instructions above and Form 2 from the form below)--------------------
FORM 1
_______________________________ (street address)
_______________________________ (city, state, zip)
_______________________________ (date)
_______________________________ (landlord's name)
_______________________________ (street address
_______________________________ (city, state, zip)
Dear ____________________:
Since you failed to deliver the premises at (address)
______________________________________________________________________________
as required in K.S.A. 58-2552, i.e., in compliance with the applicable building and housing
codes materially affecting health and safety, (I/we) hereby give you notice of my/our termination of the rental agreement effective at the end of a five-day period beginning with your receipt of this notice.
K.S.A. 58-2560 requires you to return my/our deposit and the rent I/we paid, a total of $_______________.
I/we expect to receive at my/our address, _____________________________________________________________________________, the total amount requested of $___________________ (entire deposit and all rent paid to you) within 30 days of termination. (Should you fail to return the security deposit within 30 days of termination, K.S.A. 58-2550 permits us to recover not only the security deposit wrongfully withheld but an additional amount equal to one and one-half times the amount of the deposit wrongfully withheld.)
Most importantly, according to K.S.A. 58-2560, if the landlord's failure to deliver
possession is willful and not in good faith, the tenant may recover one and one-half times a month's periodic rent or one and one-half times the actual damages sustained, whichever is greater. If I/we timely receive the full amount requested, I/we will not pursue the remedy for willful failure to deliver, though I/we have no doubt that the condition of the premises was known to you at the time you delivered the premises to me/us.
Sincerely,
______________________________________ (signature)
______________________________________ (printed name)
--------------------(Detach the instructions above and Form 1 from the form below)--------------------
FORM 2
_______________________________ (street address)
_______________________________ (city, state, zip)
_______________________________ (date)
_______________________________ (landlord's name)
_______________________________ (street address
_______________________________ (city, state, zip)
Dear ____________________:
Since you failed to deliver the premises at (address)
______________________________________________________________________________
as required in K.S.A. 58-2552, i.e., in compliance with the applicable building and housing
codes materially affecting health and safety, (I/we) hereby give you notice of my/our termination of the rental agreement effective at the end of a five-day period beginning with your receipt of this notice.
K.S.A. 58-2560 requires you to return my/our deposit and the rent I/we paid, a total of $_______________, and since I/we will suffer additional damages because the only suitable apartment I/we could find this late will exceed the monthly rent for which we contracted with you by $________________ per month, I/we also request a total of $__________________ to compensate me/us for the additional rent I/we will pay until our lease with you would normally have ended.
I/we expect to receive at my/our address, _____________________________________________________________________________, the total amount requested of $___________________ (entire deposit and all rent paid to you plus the total of the additional rent for a suitable apartment) within 30 days of termination. (Should you fail to return the security deposit within 30 days of termination, K.S.A. 58-2550 permits us to recover not only the security deposit wrongfully withheld but an additional amount equal to one and one-half times the amount of the deposit wrongfully withheld.)
Most importantly, according to K.S.A. 58-2560, if the landlord's failure to deliver
possession is willful and not in good faith, the tenant may recover one and one-half times a month's periodic rent or one and one-half times the actual damages sustained, whichever is greater. If I/we timely receive the full amount requested, I/we will not pursue the remedy for willful failure to deliver, though I/we have no doubt that the condition of the premises was known to you at the time you delivered the premises to me/us.
Sincerely,
______________________________________ (signature)
______________________________________ (printed name)