Legal Question in Landlord & Tenant Law in Kansas
I am curious what my rights are in this matter. I rent a Perry Reid Property in Kansas. I have lived in these apartments for two years. I am quiet, I keep to myself and I am clean. I pay my rent on time every month and they have never complain about me or given me a warning of any kind to establish that I am a bad tenant.
The past year I have made some requests due to property managers/maintenance man errors. First, he tried to change out the hot water tank...flooded my apartment. The tenant before had an animal so now the apartment smell of wet dog. I asked them for new carpet, she said she would have to ask her boss. She later stated that her boss had said no. Second time, turned on AC for the summer. Maintenance man did not reattach the condensation hose when he changed out the hot water tank....flood #2. Now I have big wet dog smell. Needless to say I called the property managers boss to handle the issue myself. I received new carpet. Third, maintenance man had to change the shower head 3 times before he actually fixed it. It's not like I was being picky...water was spraying on the wallboard and ruining the wall ( I don't want to lose my deposit because I didn't say anything). Fourth, dishwasher was leaking so they replaced the dishwasher. After a few months I noticed that the sink was backing up into the dishwasher. I told them about it. Maintenance man unhooked the dishwasher and told me not to run it...didn't fix it. Fifth, the door handle was broken. I couldn't get into my apartment so I asked them to fix it. During that time the door wouldn't close. He fixed the door handle but tore off all the weather stripping on the door so that the door would now close. He added weather stripping to the inside of the door (not in the doorway/door sill but on the inside of the door with 16 hex screws...it doesn't keep the weather out). AND to put the cherry on the cake when he was fixing the condensation issue he brought over his baby in the car seat. He left the kid to go get more tools. He was gone for a good 10 minutes. He didn't ask...he just walked out of the apartment as if I were responsible for his child.
I get home from work today and I have a notice that they are NOT renewing my lease or giving me the option to renew my lease April 28th. I have to leave. I have done NOTHING wrong, other than ask for the property manager to maintain their apartment. Can they NOT renew my lease for no reason other than I do believe she is being vindictive because I called her boss when the carpet was ruined and I commented on the poorly fixed door and shared that what he did ruined the door and didn't fix the initial issue. I need some answers quick! Thanks.
1 Answer from Attorneys
There are some constitutional grounds to limit a person's freedom to contract or not. But, absent you fititng into one of those, both you and the landlord have the option to renew or not, as long as you or they comport with the restrictions of your present lease agreement. Those restrictions normally addresss the timeliness the notice, to the other, of an intention not to renew. You did nto sate what, if any restrictions there in your rental contract or lease. There are nto enough facts to determine if you have any constitutional (or statutory) grounds to argue for an automatic renewal of the lease, or a judgmetn for the payment of damages by the landlord to you.
You might gather your documents and consult direclty with a civil practice attorney in your area. Many landlord/tenant practice attorneys offer a free or low cost intial consultation. You may not need to hire them to repersnt yo. You might qualify for Legal Aid or some other type of subsidized legal assistance. Call the District Court or law Library of the County where you live. Ask them how to get in touch with legal counsel that handles matters like yours. If there is a law school in your area, you might get asssitance there.
Good luck
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