Legal Question in Landlord & Tenant Law in Kansas

My husband and I recently moved from a rental we lived in for five years. Yesterday, we got a letter from our former landlady saying that she was charging us $1300 for floor repair, 7 $25 late fees, and a little bit of paint.

We lived there for five years and the floors are wood. We have a young child and a dog (both of which she knew about). When we moved in, the floors were still tacky from being finished and automatically started peeling. I believe that there is nothing beyond normal wear-and-tear on those floors.

So my question is: does she have a legal right to charge us that amount, when it was normal wear-and-tear? And, do we have a legal leg to stand on to sue for our deposit?


Asked on 1/07/10, 10:45 am

1 Answer from Attorneys
Sean Santoro Santoro Law Office

In Kansas, the rule is that tenants are not liable for normal wear and tear. You can sue for return of your deposit. Your landlord can counter that the charges were not for normal wear and tear, but for actual damage. Did you happen to take photos of the place while you lived there? A picture is worth a thousand words. If you need help issuing a statutory demand for return of deposit letter, feel free to contact me.

Sean Santoro/Licensed in KS and MO

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Answered on 1/12/10, 11:44 am


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