(e) Nothing in this section shall preclude the landlord or tenant from recovering other damages to which such landlord or tenant may be entitled under this act.
(f) The holder of the landlord's interest in the premises at the time of the termination of the tenancy shall be bound by this section.
History:
L. 1975, ch. 290, § 11; L. 1978, ch. 216, § 1; L. 1997, ch. 68, § 1; July 1.
Law Review and Bar Journal References:
"Legislation 1978," David J. Heinemann, 47 J.B.A.K. 81, 98 (1978).
"Prosecuting and Defending Forcible Entry and Detainer Actions," Stephen Kirschbaum, 65 J.K.B.A. No. 7, 20 (1996).
CASE ANNOTATIONS
1. Aid in execution on judgment under subsection (c); indirect contempt judgment for defendant's failure to appear reversed; numerous lawsuits regarding deposits against defendant not indicative of contemptuous attitude toward court. Threadgill v. Beard, 225 Kan. 296, 297, 590 P.2d 1021.
2. Constitutionality of security deposit forfeiture provisions upheld; inclusion in rental agreement necessary to be enforceable against tenant. Clark v. Walker, 225 Kan. 359, 361, 362, 367, 368, 590 P.2d 1043.
3. Tenant awarded security deposit plus one and one-half that amount less credit for rent for days of occupancy before termination; landlord failed to furnish itemized statement. Geiger v. Wallace, 233 Kan. 656, 657, 659, 660, 664 P.2d 848 (1983).
4. Claim to security deposit plus damages not compulsory counterclaim under the act or general statute, K.S.A. 60-213. Asbury v. Mauk, 9 Kan. App. 2d 699, 702, 703, 687 P.2d 31 (1984).
5. Subsection (b) requires landlord to give written notice to tenant, itemizing damages resulting from "noncompliance" with "rental agreement." Vogel v. Haynes, 11 Kan. App. 2d 454, 457, 730 P.2d 1096 (1986).