What late fees can a landlord charge in Kansas?
Kansas sets no cap on residential late fees and mandates no grace period — the Residential Landlord and Tenant Act never mentions late fees, and rent is payable without demand or notice at the time the lease fixes (K.S.A. 58-2545(c)), so a lease-based fee can start accruing the day after rent is due.
Cited to K.S.A. 58-2545 (c) and 3 more cited sources · Verified July 11, 2026
The three days many websites call Kansas's 'statutory grace period' is actually the eviction cure window in K.S.A. 58-2564(b): a landlord terminating for nonpayment must give a 3-day pay-or-quit notice (three consecutive 24-hour periods, plus two extra days if mailed), but nothing in that section delays or limits a late fee. With no cap, the only brakes are contract law: courts can refuse to enforce an unconscionable fee (K.S.A. 58-2544) and Kansas treats an unreasonably large fixed charge as a void penalty under liquidated-damages doctrine. Beware the headline case: in 2025 the Kansas Supreme Court reinstated $21,240 in $20-per-day late fees (Schutt v. Foster), but only because the tenant's lawyers failed to properly raise unconscionability — the court never ruled the fee fair. One practical statute cuts the other way: a landlord who accepts late rent without reservation waives the right to terminate over that late payment (K.S.A. 58-2566).
Kansas late fees at a glance
| Statutory cap | No statutory cap (see reasonableness standard and notes) |
|---|---|
| Mandatory grace period | None mandated statewide |
| Must be in the lease | Not addressed by statute |
| Daily fees | Daily late fees are allowed if the lease provides for them, because no Kansas statute addresses fee structure. The brakes are unconscionability and the common-law rule against penalties, and a tenant has to raise them properly to get the benefit. No statute addresses fee structure; daily late fees are a lease matter bounded only by unconscionability (K.S.A. 58-2544) and common-law liquidated-damages reasonableness. In Schutt v. Foster, No. 126,555 (Kan. July 25, 2025), a $20-per-day lease fee that accrued to $21,240 was reinstated by the Kansas Supreme Court — but solely because the tenant failed to preserve her unconscionability argument, not because the court approved the amount. |
| Reasonableness standard | There is no statutory cap and no statutory formula. A late fee is enforceable only if it is reasonable in light of the anticipated or actual harm; an unreasonably large fixed sum is void as a penalty. No statutory cap or reasonableness formula exists in the Residential Landlord and Tenant Act (K.S.A. 58-2540 through 58-2573). Enforceability is governed by K.S.A. 58-2544 unconscionability and Kansas liquidated-damages doctrine: an amount is enforceable only if reasonable in light of the anticipated or actual harm, the difficulty of proving loss, and the infeasibility of other remedies; an unreasonably large fixed sum is void as a penalty (Carrothers Constr. Co. v. City of South Hutchinson, 288 Kan. 743 (2009)). No Kansas appellate decision has set a percentage cap for residential late fees. |
Cite this page: "Landlord Atlas, Kansas Late Fee Laws (verified July 11, 2026), landlordatlas.com/laws/late-fees/kansas/" — free to cite and quote with a link (how these records are verified). Everything above is cited in the citations section below.
Check a late fee against the Kansas rules — free, no signup, built on the same verified Kansas law as this page.
Notes and caveats
- The empty answers are genuine absences, not gaps — The cap and grace-period answers are both empty because the act (K.S.A. 58-2540 through 58-2573) contains no such provision; the only 'late charge' occurrence in the chapter is a case annotation.
- Why 'must be in lease' is left unanswered rather than marked yes — No Kansas statute conditions late fees on a written lease; the agreed-fee requirement is ordinary contract law. Rent is defined as 'all payments to be made to the landlord under the rental agreement, other than the security deposit' (58-2543(j)), which pulls agreed late charges into the rent framework.
- The '3-day grace period' is really an eviction cure window — The 58-2564(b) window recast by many sites as a grace period only delays termination — it is computed as three consecutive 24-hour periods, adds two days when the notice is mailed, and does nothing to delay or limit a late fee.
- Schutt v. Foster did not bless $21,000 in fees — The July 25, 2025 decision (No. 126,555) reversed the Court of Appeals — which had cut the fees to $1,700 as unconscionable — purely on preservation grounds. Unconscionability remains an open, viable defense when properly raised; spinning the case as 'Kansas Supreme Court approves $21,000 late fees' is wrong.
- No '5-10% presumptively reasonable' rule exists — The percentage figures on landlord sites have no Kansas statutory or appellate basis.
- Related doctrine worth knowing — Heckard v. Martin, 25 Kan. App. 2d 162 (1998): late charges must be specifically pleaded to be awarded. Chelsea Plaza Homes v. Moore, 226 Kan. 430 (1979): the specific RLTA takes precedence over the broader Kansas Consumer Protection Act, limiting KCPA attacks on lease fees. And 58-2547(a)(3) voids lease clauses shifting attorney fees — often conflated with late-fee clauses.
- Dead bill: HB 2666 is not law — HB 2666 (2025-26, Rep. Rui Xu) would have imposed 'restrictions on fees for the late payment of rent' plus tenant disclosures; it died in the House Commerce, Labor and Economic Development committee at sine die adjournment 2026-04-11 without a vote. Any source citing it as live Kansas law is wrong.
Common questions: Kansas late fees
Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.
- Is there a legal limit on late fees in Kansas?
- No statutory cap (see reasonableness standard and notes). There is no statutory cap and no statutory formula. A late fee is enforceable only if it is reasonable in light of the anticipated or actual harm; an unreasonably large fixed sum is void as a penalty.
- Is there a grace period before rent is late in Kansas?
- None mandated statewide.
- Does a late fee have to be written into the lease in Kansas?
- Not addressed by statute.
- Can a landlord charge a daily late fee in Kansas?
- Daily late fees are allowed if the lease provides for them, because no Kansas statute addresses fee structure. The brakes are unconscionability and the common-law rule against penalties, and a tenant has to raise them properly to get the benefit.
Citations
- K.S.A. 58-2545 · (c) (verified 2026) Official source
- K.S.A. 58-2564 · (b) (verified 2026) Official source
- K.S.A. 58-2566 (verified 2026) Official source
- K.S.A. 58-2544 · (a) (verified 2026) Official source
How this record was verified: Direct read of statute text on the official Kansas Office of Revisor of Statutes site (ksrevisor.gov), each section carrying a figure on this page read twice independently, with all figures reconciled verbatim: 58-2550 (1-month/1.5-month/half-month pet caps, 14-day and 30-day return clocks, 1.5x penalty), 58-2548 (5-day joint inventory), 58-2557 (reasonable notice/reasonable hours entry), 58-2570 (7-day/30-day/15-day termination notices), 58-2565(b) (30-day absence entry, 10-day abandonment presumption), 58-2564(b) (3-day nonpayment cure), 58-2563 (1.5 months' rent ouster remedy), and 12-16,120 (express local rent-control preemption). Negative checks run against the full Residential Landlord and Tenant Act: all 34 sections (58-2540 through 58-2573) downloaded and searched — no late-fee, grace-period, deposit-interest, escrow/separate-account, or rent-increase-notice provision exists. Pending-bill check 2026-07-11 on kslegislature.gov: 2025-26 biennium adjourned sine die 2026-04-11; HB 2666 (late-fee restrictions), SB 482 (condemned-unit deposit return), and HB 2768 (split rent payments) all died in committee; enacted Sub HB 2357 (eviction expungement) and SB 391 (voucher-mandate preemption) do not affect these four topics. Sight-confirmed 2026-07-12 on each bill's official history page (kslegislature.org/li/b2025_26/measures/): all three show 'Died in Committee' 2026-04-10 as the final entry.