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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26496
Experience:  16 yrs. of trial experience
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We rented a duplex in December 2008, before I rented the place

Customer Question

We rented a duplex in December 2008, before I rented the place my landlord verbally told me that he would replace the front and back doors do to the frame rot and you can see outside around the doors. He also told me that he would put a screen door on the front and have the back removed and replaced. He did have the back screen door removed and placed under the deck which we ended up having to take to the dump. It is now April and we still do not have any of the above I have asked him repeatedly when he plans on doing this he will not respond. My ? is can I have these things done and deduct it from my rent? We are in Overland Park Kansas not Louisianna
Submitted: 5 years ago.
Category: Legal
Expert:  P. Simmons replied 5 years ago.
Thanks for the chance to assist
Do you have a lease, or is this month to month?

What states is this?
Customer: replied 5 years ago.
We have a 15 month lease. We are in Kansas, Johnson County
Expert:  P. Simmons replied 5 years ago.
KS law does not have a specific "repair and deduct" statute in its code. There is this

K.S.A. § 58-2561 (2008)

58-2561.   Action for possession for nonpayment of rent; counterclaim, waiver; accrued rent, payment into court; disposition; when judgment for tenant.

(a) In an action for possession based upon nonpayment of the rent, or in an action for rent where the tenant is in possession, the tenant shall counterclaim for any amount which such tenant may recover under the rental agreement or this act or such counterclaim shall be deemed to have been waived. In that event, the court from time to time may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and the balance shall be paid by the other party. If no rent remains due after application of this section, judgment may be entered for the tenant in the action for possession.

(b) In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subsection (a), but the tenant shall not be required to pay any rent into court.



Which would allow you to counter claim in a suit against you for rent. But perhaps the better way to proceed is this. Give written notice to the landlord that if he does not honor the agreement you had with him regarding the repairs you will consider your lease void and move out.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26496
Experience: 16 yrs. of trial experience
P. Simmons and other Legal Specialists are ready to help you
Customer: replied 5 years ago.
Thank you for your advise. I do not want to move so I will probably give him one more month before I do anything. Of course I will email him to let him know what I am doing before I do anything. Thanks again.
Expert:  P. Simmons replied 5 years ago.
Thanks

one more...if you are going to give him notice and move if he does not fix, make sure you mail the notice via certified mail and give him at least a week to fix.

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