Washburn South Apartments LLC v. Hession — No. 126,456 (Kan. Ct. App. June 6 2025)

Backdrop: Landlord sought eviction after the tenant fell one month behind on rent. Tenant raised two defenses: uninhabitable conditions (furnace issues, water intrusion) and retaliatory eviction when the landlord refused a relief-agency check delivered within the statutory 3-day window.

What the court said:
1. Habitability is non-waivable. An “as-is” clause can’t erase the landlord’s RLTA duties.
2. Refusing timely payment is a fact issue. Rejecting the charity’s check may bar eviction under K.S.A. 58-2564(b).
3. Trial cut short = error. Ending the bench trial without letting the tenant finish her case requires reversal.

Why it matters:
Landlords who decline rent that cures default—or rely on “as-is” language—risk losing an otherwise straightforward
eviction. Always document habitability repairs and accept cure payments to keep the RLTA on your side.