Finding mold in the rental property is not fun at all. As soon as the mold appears, you should react as soon as possible.

According to Kansas State law (Kan. Stat. Ann. § 58-2559) if the landlord doesn’t provide habitable housing under the local building code and state housing codes, a court may conclude that the tenant has been “constructively evicted”.

This means that the landlord by supplying unlivable housing has for all practical purposes “evicted” the tenant. After this, the tenant has no further responsibility for the rent.

Kansas State mold laws

Although there is no required mold disclosure form in Kansas State, the law does state that a landlord is required to maintain the property in a safe and habitable condition that complies with all local health and building codes.

Landlord's responsibility to keep the apartment habitable

There are a few reasonable actions that must be undertaken by the landlord in order to keep the apartment in habitable condition:

  • Clean and safe common areas with available thrash disposal;
  • Working utility connections;
  • All plumbing, heating, electrical, ventilation, water, and air-conditioning systems in the home;
  • Safe and working appliances if offered with a rental.

What type of repairs is the tenant responsible for in Kansas State?

The statute about the duties of tenants, 58-2555, rules that a tenant is required to maintain their rental unit in a clean and safe condition. All plumbing and electrical appliances must be reasonably used and kept as clean as possible. Tenants are also responsible for any damages done to the premises.

What type of repairs is the tenant responsible for in Kansas State

Tenant rights in Kansas State due to mold

It is very important to document the mold problem when mold appears. Few more things you should do when mold has taken over the apartment:

  • Take pictures of visible mold growth on walls and floors. A picture can be worth a thousand words if you need to prove that there is mold in your apartment;
  • If you or your landlord run any mold testing document the results;
  • Check for prior traces of mold in the apartment and contact previous renters and find out if they have had mold problems;
  • Find legal assistance if you want to get out of your lease.

Sometimes tenants are free to break their lease because of mold problems if the