HOW TO HANDLE TENANTS ABANDONED PROPERTY IN KANSAS

Here are some answers to common questions about handling a tenant鈥檚 abandoned property in Kansas.

If a tenant leaves property behind, can I dispose of it as I see fit or are there rules I must follow?
What exactly should the notice say?
What are the rules about storing a tenant鈥檚 abandoned property?
I had to pay to store the tenant鈥檚 property. Will I be reimbursed for that?
If I legally sell the tenant鈥檚 property, do I get to keep the proceeds?
If a tenant owes me money, can I take and sell the tenant鈥檚 property to cover the amount due?
When should I get a lawyer鈥檚 help?
Learn More.

If a tenant leaves property behind, can I dispose of it as I see fit or are there rules I must follow?
In Kansas, you may not sell, give away, or throw out abandoned belongings until at least 30 days from the date you reclaim possession of your rental property. You must also provide two kinds of notice stating that you will be disposing of the abandoned property:

At least 15 days before disposing of the property, you must publish a notice in a local newspaper with general circulation.
Within seven days of the newspaper publication, you must send a copy of the published notice to the tenant at the tenant鈥檚 last known address.
(See Kansas Statutes 搂 58-2565(d).)

Be certain the lease agreement is legally complete before you start the clock on the waiting period and give notice. If you need information on the right steps to take to legally end a tenancy, see Evicting a Tenant or Ending a Lease on Nolo.com, read Kansas鈥檚 landlord statutes (see below), or consult a qualified lawyer.

What exactly should the notice say?
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Kansas law requires the published notice to include:

the tenant鈥檚 name
a brief description of the abandoned property, and
the approximate date on which you plan to sell or otherwise dispose of the property.
The published notice alerts the tenant of the pending disposal, but it also serves as a notice to others who may have an interest in the abandoned property. Note that you are not required to turn over property to anyone other than the tenant or a secured creditor who has a legal interest in a particular item — such as an expensive piece of furniture purchased under a rent-to-own agreement. (See Kansas Statutes 搂 58-2565(d).)

What are the rules about storing a tenant鈥檚 abandoned property?
You should store the property in a safe place and take reasonably good care of it. That said, you probably won鈥檛 be liable for damage to the property unless you damage it on purpose or handle it negligently — for example, by leaving a good sofa out in the rain.

To avoid problems, be careful when moving and storing the tenant鈥檚 belongings until the tenant reclaims them or you dispose of them.

I had to pay to store the tenant鈥檚 property. Will I be reimbursed for that?
The tenant may reclaim the property during the 30-day period or at any time before you get rid of it — but only if they pay you for the costs of storing the property, preparing the property for sale, and any other outstanding debts, including back rent.

(See Kansas Statutes 搂 58-2565(d).)

If I legally sell the tenant鈥檚 property, do I get to keep the proceeds?
Yes. You must first use the proceeds of the sale to cover:

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the costs of storing and selling the property, and
any amount the tenant still owes you.
If there鈥檚 money left over after that, you may keep it.

(See Kansas Statutes 搂 58-2565(e).)

If a tenant owes me money, can I take and sell the tenant鈥檚 property to cover the amount due?
As discussed just above, you may sell a tenant鈥檚 abandoned property after the legal notice period expires and you may keep the proceeds of the sale. If the tenant鈥檚 property has not been abandoned, Kansas law forbids you from seizing it to cover back rent or other debts a tenant owes you. (See Kansas Statutes 搂 58-2567.)

When should I get a lawyer鈥檚 help?
If you think the abandoned property is very valuable or if you have any reason to believe the tenant may cause problems later, talk to a lawyer before you do anything other than carefully store the tenant鈥檚 possessions. It鈥檚 particularly important to get a lawyer鈥檚 advice if you have any questions about whether a tenancy has been properly terminated or whether a tenant鈥檚 property is truly abandoned.

A good lawyer can help you protect yourself from claims that you have stolen or illegally destroyed a tenant鈥檚 property. You can search for an experienced landlord-tenant attorney in Kansas using Nolo鈥檚 Lawyer Directory.

Learn more
To read Kansas鈥檚 landlord laws, see Chapter 58, Article 25 of the Kansas Statutes.