K. 5-DAY NOTICE FOR FAILURE TO DELIVER THE MOBILE HOME SPACE PREMISES IN COMPLIANCE WITH THE RENTAL AGREEMENT AND APPLICABLE CODES MATERIALLY AFFECTING HEALTH AND SAFETY The tenant should complete the notice, send the notice by certified mail, return receipt requested, or deliver it personally with witnesses and keep a copy of the notice. The tenant can be held liable for rent for the term of the lease if the problems with the mobile home space do not constitute a material noncompliance with the rental agreement or a noncompliance with the Mobile Home Parks Residential Landlord and Tenant Act materially affecting health and safety. Photographs and impartial witnesses can be useful to document any problems.
---------------------------------(Detach the instructions above from the form below)---------------------------------
_______________________________ (street address)
_______________________________ (city, state, zip)
_______________________________ (date mailed)
_______________________________ (landlord's name)
_______________________________ (address)
_______________________________ (city, state, zip)
Dear ___________________________:
Since you failed to deliver the mobile home space at
______________________________________________________________________________as required by the rental agreement and the Mobile Home Parks Residential Landlord and Tenant Act, in compliance with the applicable building and housing codes materially affecting health and safety, I/we hereby give you notice of termination of the rental agreement effective at the end of a five-day period beginning with your receipt of this notice. Please return the security deposit and the rent paid, a total of $_______________, as required by K.S.A 58-25,118. If I/we do not receive the requested amount within 30 days of termination, K.S.A. 58-25,108 of the Act permits me/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. Further, according to K.S.A. 58-25,108 of the Act, 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 months' periodic rent or one and one-half times the tenant's actual damages, whichever is greater.
Sincerely,
____________________________ (signature)
____________________________ (printed name)