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58-2555. Duties of tenant. The tenant shall: (a) Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;

(b) keep that part of the premises that such tenant occupies and uses as clean and safe as the condition of the premises permit;

(c) remove from such tenant's dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner;

(d) keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;

(e) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators in the premises;

(f) be responsible for any destruction, defacement, damage, impairment or removal of any part of the premises caused by an act or omission of the tenant or by any person or animal or pet on the premises at any time with the express or implied permission or consent of the tenant;

(g) not engage in conduct or allow any person or animal or pet, on the premises with the express or implied permission or consent of the tenant, to engage in conduct that will disturb the quiet and peaceful enjoyment of the premises by other tenants.

History: L. 1975, ch. 290, ยง 16; July 1.

Law Review and Bar Journal References:

"Survey of Kansas Law: Real Property," Michael J. Davis, 32 K.L.R. 773 (1984).

"Prosecuting and Defending Forcible Entry and Detainer Actions," Stephen Kirschbaum, 65 J.K.B.A. No. 7, 20 (1996).

CASE ANNOTATIONS

1. Mentioned in upholding constitutionality of subsection (d) of K.S.A. 58-2550. Clark v. Walker, 225 Kan. 359, 364, 590 P.2d 1043.

2. Tenants liable for damage to premises caused by cotenant's negligent act. New Hampshire Ins. Co. v. Hewins, 6 Kan. App. 2d 259, 260, 261, 627 P.2d 1159.

3. Landlord's application of tenant's security deposit to damages caused by tenant examined. Love v. Monarch Apartments, 13 Kan. App. 2d 341, 343, 771 P.2d 79 (1989).

4. Cited in opinion that delivering notice to vacate without payment of rent due insufficient to forfeit security deposit. Burgess v. Stroud, 17 Kan. App. 2d 560, 564, 840 P.2d 1206 (1992).


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