Mold. No heat in the winter. Leaking roofs.
The most common complaints Teresa Baker hears about rental housing in Kansas revolve around poor living conditions that violate state law.
As part of her job for the nonprofit Housing and Credit Counseling Inc., Baker serves as an advice guru for low-income residents in about 20 Kansas counties.
Tenants come to her if theyve received eviction notices, forfeited security deposits or cant get landlords to make repairs. Sometimes, she counsels landlords, too.
Of course, its the landlords business to understand what the law says and his obligations, Baker said. The tenants are coming at this blindly.
Kansas law sets some rules for inevitable disputes between renters and property owners. Yet some tenants and advocates contend landlords too often end up on top because they have more money and familiarity with the rules. The imbalance is leading some tenants to take action.
Housing experts also say Kansas lacks protections that other states offer to renters.
For example, state law prohibits cities and counties from establishing rent control and other rental regulations. Another tactic allowed by other states but banned in Kansas: withholding rent to force a landlord to make repairs. State law allows a landlord to evict tenants for being three days late on the rent.
Thats one of the Number One things that we deal with, with tenants, Baker said. They call us when its too late, but they withheld rent and theyre going to court tomorrow.
Ed Jaskinia, a Kansas City-area landlord and lobbyist for the Associated Landlords of Kansas, says the laws fairly balance the interests of both sides renters who need to be guarded from predatory landlords, and landlords who want to maintain their properties and make money.
Weve got the best laws in the country because it protects everybody equally, said Ed Jaskinia, a Kansas City-area landlord and lobbyist for the Associated Landlords of Kansas. It tells us what the rules and regulations are, what we can and cant do.
He says tenants should take up their proposed reforms to the cities they live in.
In the meantime, he says tenants already have protections. For example, if a landlord wont make repairs, tenants can call their citys code enforcement division to make an inspection. And state law prohibits landlords from retaliating against tenants who do so.
But its hard to prove retaliation in court, Baker said. And she said many rural towns dont have the budget to enforce housing codes.
Even if they have some type of code on the books, Baker said, they dont enforce it because they cant.
