10 Wednesday, June 24, 1987/Kansan Summer Weekly Not paying rent to be felony under revised law By KRISTEN HAYS Staff writer A new addition to a law, to be enacted July 1, says it's a felony for tenants to abandon rental property leaving a bill of more than $150, but a local tenants' association thinks the law is unfair. Greg Stauffer, Lawrence sophomore and head of a Lawrence tenants' organization, said that when tenants abandon rental dwellings without paying rent, it should be a civil matter because for landlords to withhold security deposits is a civil matter. Cynthia Harris of the Consumer Affairs Association, 819 Vermont St., said, "Some landlords withhold security deposits with the intent to defraud the tenant, and this law could be used as a threat to always pay the rent or get prosecuted." Stauffer said he was concerned that landlords would use this law to harass tenants who were late on their rent. "They might wave this law around, threatening to file charges and that would mean they were violating fair practice in debt collection," he said. Before it was amended, the law stated that leaving an innkeeper, or other establishments such as a dwelling unit, with a bill of $30 or more was a class E felony, punishable by a fine of $3, 000 and one to five years in prison. But the law was ambiguous as to whether the term "dwelling unit" included rental units such as apartments. State Rep. John Solbach, D- Lawrence, who signed the amendment to the bill, said the main change was raising the $50 threshold to $150. "There's no need to send a $50 frauder to the state penitentiary. It's a substantial change favoring tenants convicted of defrauding landlords." Solbach said. "It doesn't do what landlords think it does. It's not anti-tenant in any way, shape or form." The amendment states that anyone who defrauds these establishments of less than $150 would be guilty of a misdemeanor. If the amount is more than $150, the person would be guilty of a class E felony. An addition to this amendment, approved by the Kansas House and Senate on April 1, widens the definition of "dwelling unit" to possibly include rental property. Jim Flory, Douglas County district attorney, said the law would require some interpretation on a case-by-case basis. "We have to establish the intent to defraud, or leaving without paying or intending to pay, and it is a crime to obtain lodging with intent to defraud a landlord." he said. Flory said that it would be difficult to get actual convictions under this law and that the law wouldn't apply to renters who didn't have the money to pay and didn't abandon the rented property. Neil Woerman, special assistant to the Kansas attorney general, said the burden of proof of intent to defraud was on the district attorney. Stauffer said the issue wasn't whether the law was enforceable. "Tenants should get the same threat with deposits. Tenants' rights are important. They need to know about this, and they can't get the answers," Stauffer said. Stauffer said he wanted to see tenants better educated about their rights under this law. Bud Carter, president of the Association of Landlords of Kansas said landlords were trying to determine what the bill actually meant to them and to define fraud and cheating. "It's a really good law. Landlords have to raise rents to pay for prior cheating and defrauding, so the good tenant has to pay for the bad tenant. We get the same results as inkeepers," Carter said. "We're not interested in a fight. Landlords won't want everyone in jail, that's not our goal." --with this coupon T. J. Cinnamons Original Gourmet Cinnamon Roll and Coffee or Milk only 99 limit one per coupon good only at T.J. 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