Kan. Stat. Ann. § 58-25,118
Failure to deliver possession; remedies.
Operative Text
(a) If the landlord fails to deliver physical possession of the mobile home space to the tenant as provided in K.S.A. 58-25,110, rent abates until possession is delivered and the tenant: (1) Upon at least five days' written notice to the landlord, may terminate the rental agreement and upon termination the landlord shall return all of the security deposit; or (2) may demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the mobile home space against the landlord, or any person in wrongful possession, and recover the damages sustained by the tenant. (b) If a person's failure to deliver possession is willful and not in good faith, an aggrieved party may recover from such person an amount not more than 1½ months' periodic rent or 1½ times the actual damages sustained by such party, whichever is greater.
Under Kan. Stat. Ann. § 58-25,118, when a landlord fails to deliver physical possession of a mobile home space on the agreed date, rent stops accruing until possession is actually provided. The tenant then has two options: terminate the rental agreement (with at least five days' written notice) and receive a full refund of the security deposit, or demand that the landlord fulfill the agreement and pursue a legal action for possession and any resulting damages. If the failure to deliver possession is found to be willful and in bad faith, the law allows the aggrieved party to recover either up to one and a half months' periodic rent or one and a half times actual damages, whichever is greater.
Plain English — not legal advice.
Under Kan. Stat. Ann. § 58-25,118, operators of mobile home communities are generally expected to ensure that a rented space is physically available and ready for occupancy on the date specified in the rental agreement. A compliant operator coordinates move-in timelines carefully, resolves any holdover situations before a new tenancy begins, and acts in good faith to avoid delays in delivering possession. Willful or bad-faith failures to deliver possession expose the operator to enhanced damages beyond ordinary compensation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Kan. Stat. Ann. § 58-25,118 gives mobile home space tenants meaningful remedies when a landlord does not deliver possession as promised. Tenants in this situation may choose to end the rental agreement by providing at least five days' written notice and receive their full security deposit back, or they may insist on performance of the agreement and pursue a court action for possession and damages. If the landlord's failure is found to be willful and in bad faith, tenants may be entitled to enhanced damages; tenant-rights organizations in Kansas can help explain what documentation and steps are generally associated with pursuing these remedies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation