Are all basement apartments in Kansas legal to rent?

Not all basement apartments are legal to rent in Kansas—they must meet local code standards for safety and zoning. Always check with your city or county code enforcement office.

How much security deposit can my landlord charge for a basement apartment?

Kansas law allows a security deposit up to one month's rent for unfurnished basement apartments or up to one and a half months for furnished units.

What should I do if my basement apartment is unsafe or has mold?

Send a written repair request to your landlord (using the official form) and contact local code enforcement. Document all communications and keep copies.

Can my landlord evict me without notice in a basement apartment?

No. Kansas law requires landlords to provide written notice before legal eviction proceedings. You are entitled to receive court papers and have an opportunity to respond.

Who handles disputes about basement rentals in Kansas?

Disputes are handled by the Kansas District Court system. The Kansas Attorney General’s Landlord-Tenant Division also provides guidance and mediation support.

Kansas Basement Apartment Rental Laws: What Renters Need to Know

Special Housing Types & Situations Kansas published June 21, 2025

Basement apartments can be a practical and affordable rental option in Kansas. However, there are unique laws and safety requirements you should know before signing a lease, renewing, or raising repair concerns. This guide explains key Kansas statutes, official forms, and support resources that every renter considering or already living in a basement apartment should understand.

Legal Status and Safety Standards for Basement Apartments in Kansas

Kansas does not have a statewide building code enforcement office, but most cities and counties follow the International Property Maintenance Code or similar standards. A legal basement apartment must meet certain local housing codes for safety, ventilation, and fire exits. Always check with your local city or county housing authority regarding specific requirements before moving in.

Emergency escape: An approved window or exterior door is usually required in sleeping areas
Minimum ceiling height: Generally required to be at least 7 feet in finished areas
Safe heating and ventilation: Functional heating systems and proper ventilation are essential
Smoke and carbon monoxide detectors: Often required by local ordinance

Renters can request an inspection if they suspect health or safety violations. If you think your basement unit doesn’t meet local or state safety standards, contact your local code enforcement office or housing authority.

Tenancy Rights in Kansas Basement Apartments

All renters in Kansas, including those in basement apartments, are covered by the Kansas Residential Landlord & Tenant Act (KRLTA)^[1]. The Act sets basic rules for leases, security deposits, repairs, landlord entry, and eviction notices for most rental homes.

Written lease: Always ask for a written lease outlining rent, terms, and responsibilities
Security deposit: Landlords can collect up to one month's rent as a deposit (furnished apartments: 1.5 months)
Repairs: Landlords must keep rental units in safe, sanitary, and habitable condition
Notice to enter: Landlords should provide reasonable advance notice before entering, except in emergencies
Eviction: Legal evictions require proper written notice. You have the right to attend court if a landlord files for eviction

Some cities may provide additional tenant protections or require rental unit licensing, so it's worth checking your local city government website.

Key Official Forms for Kansas Renters

3-Day Notice to Quit (Nonpayment of Rent)
Used by landlords to begin the eviction process for nonpayment. If you receive this, you typically have three days to pay or move out before further legal action. Official template and guidance can be found with the Kansas Attorney General’s Landlord-Tenant page.
Kansas Court Eviction (Forcible Detainer) Petition
If a landlord files to evict, they must use this petition in district court. Tenants will be served with a court date and can present their case. Sample forms and instructions are provided on the Kansas Judicial Branch eviction forms page.
Request for Repairs Letter
While there is no mandatory state form, the Kansas Attorney General provides a sample repair request letter and tips. Use this if you need repairs related to safety (such as mold, leaks, or heating) in your basement apartment. Access at the official Landlord-Tenant Information resource.

Practical Example: Using a Repair Request Letter

If you discover mold or lack of proper heat in your basement, write a letter (use the sample provided by the Attorney General) to your landlord, clearly stating the problem and requesting repairs. Keep a copy for your records. If not resolved, contact your local code enforcement or file a complaint with your city/county.

Handling Disputes: Where to Get Help

Residential tenancy disputes in Kansas are generally handled through the Kansas Judicial Branch - District Court in your county. This is where eviction cases and major landlord-tenant disagreements are resolved. You may also contact the Kansas Attorney General's Landlord-Tenant Division for information and mediation resources.

FAQ: Kansas Basement Apartment Rental Laws

Are all basement apartments in Kansas legal to rent?
Not necessarily. Units must meet local safety codes for light, ventilation, exits, ceiling height, and zoning. Always check with your local city or county code enforcement.
How much security deposit can my landlord charge for a basement apartment?
By Kansas law, the deposit cannot exceed one month’s rent for unfurnished units, or 1.5 months for furnished rentals.
What should I do if my basement apartment is unsafe or has mold?
Send a written repair request to your landlord using the official form and notify local code enforcement if not resolved. Document all issues.
Can my basement apartment landlord evict me without notice?
No. Kansas law requires a written notice before any eviction lawsuit. You have the right to receive official court papers and to defend yourself.
Who can help me if I have a dispute about my basement apartment?
Contact your local district court for legal disputes and the Kansas Attorney General’s Landlord-Tenant Division for advice or mediation resources.

Conclusion: Key Takeaways for Kansas Basement Apartment Renters

Kansas law protects basement apartment renters under the same landlord-tenant statutes as other units.
Always ensure your unit meets local safety and health codes before signing a lease.
Keep documentation and use official forms for repair requests or responding to notices.

With this knowledge, you can confidently navigate your rights and responsibilities as a basement apartment renter in Kansas.

Need Help? Resources for Renters

Kansas Attorney General’s Landlord-Tenant Resources — Official forms, sample letters, and legal tips for renters
Kansas Judicial Branch - Find Your District Court — File or respond to an eviction or major dispute
KANconnect — Kansas’ state services search, including local code enforcement contacts
Kansas Landlord-Tenant Booklet (PDF) — In-depth guide to Kansas rental laws