D. CASUALTY NOTICE (If Casualty Causes Premises to be Uninhabitable)

Instructions: 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 premises were not damaged by a casualty to the extent that the use and habitability of the dwelling unit is substantially impaired. The housing inspector can be the best witness regarding the seriousness of the problems and whether or not the occurrence was indeed a casualty. The landlord must receive the notice within five (5) days of the fire/casualty.

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 from the form below)-------------------------

_______________________________ (street address)

_______________________________ (city, state, zip)

_______________________________ (date)

_______________________________ (landlord's name)

_______________________________ (street address

_______________________________ (city, state, zip)

Dear ____________________:

Since the premises at____________________________________________________________

were damaged by: (Choose one by marking through the other) 1)fire or 2) (write name of casualty)

_____________________________________________________________________________, to an extent that the use and habitability of the dwelling unit is substantially impaired, I/we hereby notify you that I/we vacated the premises immediately following the casualty/fire and terminate the tenancy effective on the date of the casualty/fire. Please return my/our deposit and my/our rent apportioned to that period following the casualty/fire as required by K.S.A.58-2562.

Sincerely,

________________________________ (signature)

________________________________ (printed name)