Landord being sued by tenant

This is a discussion on Landord being sued by tenant within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; My tenant has not paid all of rent for Oct and no rent for Nov and Dec. I told them ...

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Old Dec 12th, 2008, 01:13 PM   #1
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Confused Landord being sued by tenant

My tenant has not paid all of rent for Oct and no rent for Nov and Dec. I told them i would end the lease and only charge them 600 for Dec and not sue beyond that point for remaining months in lease. THere are problems with the house and we have told them we do not have the money to fix the problems and they have made some repairs on their own. I only received receipts totalling about 400 plus they claim they did the repair so they should be paid. They never paid the 600 so i feel they breeched the contract and have since given them there 3 day notice and filing today for eviction. THey are trying to sue me now for 3200. How is that possible. Shouldnt they still have to pay rent regardless of repairs and since we had a verbal agreement that they would move. Im going to be putting in the eviction to pay all rent that should have been paid for all of the 3 months. Any advice for Kansas?
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Old Dec 13th, 2008, 11:11 AM   #2
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Default Re: Landord being sued by tenant

Kansas has no law to authorize repair and deduct procedures as you have requested the tenant to do. A tenant may not make repairs and deduct the costs from the rent. There is no law allowing a tenant to do this or you to request it.

Additionally, there are specific procedures for rent withholding. These usually involve depositing rent with the clerk of court or into their designated account on the day rent is due. If they had done this, you would have been notified by the court, so they are not rent withholding legally.

It is your responsibility to make all needed (not cosmetic or unnecessary) repairs to the rental residence. You need not make repairs that don't affect the habitability of the unit. But you cannot place this burden on the tenant. The tenant can call code enforcement, the building inspector, or the health department and have you cited and fined for any repairs that you feel you cannot afford to make that are necessary for the habitability of the unit. If you cannot afford to make repairs, you should not rent out unit. File for eviction and hope they move out before the court hearing. If they show up in court, they will tell the judge about the repairs you have refused to make. That would not be good since the judge may allow them to stay longer and will order you to make the repairs.
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