Kansas Renters: Your Rights to Safe Drinking Water

As a renter in Kansas, your health and well-being are closely linked to the condition of your home and the quality of your utilities, including drinking water. Knowing your legal rights to safe drinking water standards is crucial if you're experiencing water issues such as discoloration, odors, or lack of access. This guide explains the standards landlords must uphold, what to do if your water isn't safe, and how Kansas laws protect you and your family.

What Are the Safe Drinking Water Standards for Kansas Rentals?

In Kansas, all rental properties must provide tenants with safe, potable drinking water. This requirement is based on local health ordinances and state housing codes, which are enforced in connection with federal guidelines set by the U.S. Environmental Protection Agency (EPA).

• Water provided to renters must be free from harmful contaminants and meet minimum safety standards under the Kansas Department of Health and Environment (KDHE) Drinking Water Program.
• Landlords are responsible for ensuring all plumbing and water systems are maintained and functioning.
• Local municipalities oversee water testing for public water systems, while landlords of properties using private wells may have additional obligations.

Landlords must keep your water supply safe throughout your tenancy—not just at move-in. If you suspect an issue, you have the right to request maintenance or even report unsafe conditions.

Landlord Responsibilities and Your Tenant Rights

Under the Kansas Residential Landlord and Tenant Act, landlords are legally required to:

• Comply with all health and safety codes, including providing safe water (KSA 58-2553).
• Maintain all plumbing and fixtures supplied by the landlord in good and safe working order.
• Respond to complaints about unsafe water or water stoppages in a timely manner.

If your water fails to meet safety standards or is unavailable, you may be able to seek repairs or remedies. In emergencies, local health departments can intervene to enforce compliance.

How to Take Action If Your Drinking Water Is Unsafe

If you believe your rental’s drinking water is unsafe, here’s what you can do:

• Notify your landlord in writing and request repairs or testing.
• Document the issue with photos, dates, and a record of communications.
• If the landlord does not respond, contact your local code enforcement office or county health department.
• For severe or ongoing problems, you may file a complaint with the Kansas Department of Health and Environment (KDHE) Drinking Water Section.

For rental disputes that can't be resolved, the Kansas Judicial Council provides landlord and tenant forms and informational resources.

Relevant Official Forms for Kansas Renters

• "Tenant’s 14/30 Day Notice to Landlord" (No form number):
  • When to use: If your landlord fails to repair or address unsafe water within 14 days after written notice, you can give them 30 days to comply or terminate the lease.
  • Practical example: You’ve reported brown water. After 14 days, still no repairs. You may serve notice that you’ll end your lease in 30 days if it’s not fixed.
  • Access the official Tenant’s Notice forms here.
• "Complaint Form to KDHE Drinking Water Program" (No form number):
  • When to use: If your landlord will not address water quality issues that threaten health.
  • Practical example: Your rental’s water tests positive for bacteria, and the landlord refuses to fix it. File a complaint with KDHE.
  • Download the KDHE Drinking Water Consumer Complaint Form.

FAQ: Kansas Renters and Drinking Water Safety

1. What should I do if my rental's water is discolored or smells bad?
   Your first step is to notify your landlord in writing, ask for repairs, and document the issue. If the landlord doesn’t fix it, report the problem to local health authorities or KDHE.
2. Who do I contact if my landlord ignores requests to fix water problems?
   If informal requests fail, contact your city’s code enforcement office or file a complaint with the Kansas Department of Health and Environment’s Drinking Water Section.
3. Are landlords required to test private well water in Kansas rentals?
   While the law doesn’t require routine testing, landlords must ensure water meets basic habitability and health standards. For private wells, extra diligence is advised—request documentation from your landlord and contact KDHE for guidance.
4. Can I break my lease if my water is unsafe and not fixed?
   Yes. Under Kansas law, if the landlord doesn’t address serious health and safety violations after written notice, you may give notice to terminate the lease using official forms.
5. Where can I find official forms to report water issues or terminate my lease?
   The Kansas Judicial Council provides tenant forms for notice and lease termination. KDHE provides a complaint form for reporting unsafe water. Links are included above.

Key Takeaways for Kansas Renters

• Your landlord is responsible for providing safe, potable drinking water in your rental.
• If you experience water problems, document the issue and use official forms to request repairs or file complaints.
• Kansas law offers protections and resources for renters facing unsafe water or habitability concerns.

By understanding your rights and the steps you can take, you protect your own health and hold your landlord accountable under Kansas law.

Need Help? Resources for Renters

• Kansas Department of Health and Environment (KDHE) Drinking Water – Report water quality issues or ask about standards.
• Kansas Judicial Council – Landlord/Tenant Forms and Information – Access notices and guidance on tenant actions.
• Kansas Attorney General Consumer Protection Division – For unresolved or urgent habitability complaints.
• Contact your local county health department for local enforcement and health complaints.

---

1. Kansas Department of Health and Environment Drinking Water Program: https://www.kdhe.ks.gov/547/Drinking-Water
2. Kansas Residential Landlord and Tenant Act (KSA 58-2540 et seq.): https://www.ksrevisor.org/statutes/chapterView/Chp58Art25.html
3. Kansas Judicial Council Landlord/Tenant Forms: https://www.kansasjudicialcouncil.org/legal-forms/civil-actions/residential-landlordtenant-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