Burgess v. Stroud

Rulon, J.:

Jack and Judy Stroud, defendants, appeal the judgment of the district court which ordered a forfeiture of defendants’ security deposit under a residential lease agreement with Steve Burgess, plaintiff. We reverse and remand the cause with directions.

Essentially, we must decide if a tenant’s tendering of notice to vacate leased premises unaccompanied by any action to pay late rent is sufficient to forfeit the tenant’s security deposit under K.S.A. 58-2550(d).

The undisputed facts reduced to their essence are as follows: Plaintiff, d/b/a Garden Spot Rentals, filed a limited action…