Kansas Rental Smoking Policies: What Renters Need to Know

As a renter in Kansas, understanding the smoking policies in your rental unit is important for your comfort and your legal rights. In Kansas, smoking policies are largely determined by the terms of your lease and any specific disclosures from your landlord. This article explains how rental smoking policies work, what protections and responsibilities Kansas law provides, and how you can address issues or violations related to smoking rules.

How Smoking Policies Are Set in Kansas Rentals

Kansas law does not ban smoking in private rental units. Instead, the choice to allow or prohibit smoking—whether tobacco, vaping, or marijuana—usually belongs to the landlord. Landlords can set their own policies but must clearly communicate these in the lease agreement.

• No-smoking policies: Many landlords choose to ban smoking indoors or on the entire property to protect health, reduce fire risk, or prevent property damage.
• Allowed with restrictions: Some rentals allow smoking in specific areas, such as balconies or designated outdoor spaces.
• Full permission: In other cases, there may be no smoking restrictions.

Always review your lease for smoking rules before signing, and ask for clarification if unsure. Once you sign, you are legally bound to follow these terms under Kansas law.

Disclosure Requirements for Smoking Policies

In Kansas, there is no statewide law requiring landlords to disclose their smoking policy in writing. However, best practice—and sometimes local city or county ordinance—means landlords should include smoking rules and any restrictions in the lease or rental agreement.

If the policy is stated in your lease, both landlord and tenant must adhere to it for the duration of the contract unless both parties agree to a change in writing. If you signed a lease with no mention of smoking, your landlord generally cannot introduce a new no-smoking policy until you renew your agreement.

What to Do if Smoking Rules Are Violated

If you are experiencing issues where either you or another tenant is violating the agreed-upon smoking policy, follow these steps:

• Document the incident: Keep written records—notes, photos, or communications—of the violation(s).
• Notify your landlord or property manager: Clearly state the problem in writing, such as through email or letter, and request enforcement of the lease terms.
• Request Mediation (if unresolved): You may seek informal dispute resolution or file a formal complaint, especially if the smoking impacts your health or enjoyment of your home.

In Kansas, rental disputes, including those about smoking, can be handled in the district court system. The relevant legislation is the Kansas Residential Landlord and Tenant Act.¹

Key Official Forms Renters Might Use

• Notice of Lease Violation: There is no state-mandated "Notice of Lease Violation" form, but tenants can submit a written complaint or request for lease enforcement. As an example, a renter could send a dated, signed letter asking their landlord to enforce the no-smoking rule as outlined in the lease.
• Notice to Vacate: If violations continue unresolved, landlords may serve a "Notice to Vacate" (see Kansas Eviction and Notice to Vacate Forms). For example, if the lease prohibits smoking and this rule is repeatedly broken, a landlord could issue a 30-Day Notice to Vacate, which is officially available here.

Action Example: If you are receiving secondhand smoke from a neighbor in violation of a no-smoking clause, keep a log of dates/times, notify your landlord in writing, and reference the Notice to Vacate form process if nothing changes.

Kansas Laws on Smoking in Rentals

The key law covering tenants' and landlords' rights in Kansas is the Kansas Residential Landlord and Tenant Act (KRLTA).¹ While this Act does not set specific smoke-free requirements, it does require both parties to honor the lease agreement. You can contact your local district court for rental disputes. The Kansas District Courts manage housing matters, including complaints about tenant or landlord non-compliance.

Frequently Asked Questions

1. Can a Kansas landlord ban smoking in my apartment?
   Yes. Landlords can set a no-smoking policy in their rental units, but this policy must be stated in your lease agreement.
2. What happens if another tenant breaks the no-smoking rule and it affects me?
   You should document each incident and report it to your landlord in writing. If nothing changes, you may seek mediation or contact your local district court.
3. Do Kansas landlords have to provide notice before changing smoking policies?
   Landlords cannot change the smoking policy during your lease term unless you agree to it in writing. Changes generally apply at lease renewal.
4. Where do I file a formal complaint about smoking rule violations?
   Rental housing matters in Kansas are handled by the Kansas District Courts.
5. Is smoking marijuana allowed if my lease does not mention it?
   No. Marijuana is illegal for recreational and most medical uses in Kansas, regardless of rental policy.

Key Takeaways for Kansas Renters

• Smoking policies in Kansas rentals are set by landlords and must be included in your lease.
• If the policy is violated, document incidents and communicate with your landlord in writing.
• Disputes can be escalated to Kansas District Court according to the Kansas Residential Landlord and Tenant Act.

Need Help? Resources for Renters

• Kansas District Courts – Find Your Local Court for Rental Disputes
• Kansas Legal Services – Free and Low-Cost Legal Advice for Renters
• Kansas Housing Resources Corporation – Tenant Information & Assistance

---

1. Kansas Residential Landlord and Tenant Act (KRLTA)
2. Kansas Judicial Council: Eviction and Notice Forms

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations