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BURGESS v. STROUD

No. 67,799

17 Kan. App. 2d 560 (1992)

840 P.2d 1206

STEVE BURGESS, d/b/a GARDEN SPOT RENTALS, Appellee, v. JACK STROUD and JUDY STROUD, Appellants.

Court of Appeals of Kansas.

Opinion filed October 30, 1992.

Attorney(s) appearing for the Case

Jon R. Craig, of Garden City, for appellants.

Michael K. Ramsey, of Hope, Mills, Bolin, Collins & Ramsey, of Garden City, for appellee.

Before BRISCOE, C.J., BRAZIL and RULON, JJ.

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...

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