Kansas Tenant Rights concerning alleged damages to property

[Laoise]

Ok, here's the deal. We haven't even moved out yet however the landlord has been impossible lately. First, it is in our lease the he provide a window AC unit for the home and the he will keep the unit stored over the winter months however not only has he not brought the unit over yet even though we have been having very hot weather, he actually told me the he "encouraged me" to find my own this year. He claims that if it were to get stolen, and we have had alot of things stolen lately including a 6 ft Oak tree in the front yard, that we would be responsibile. He came by for the rent the other day and gave us a letter claiming $640 in damages to the property such as the tree being stolen (which he wants us to pay $75 for), nail holes in the wall (of which there are 3 and he knows it), lawn mowing (because we didnt mow it often enough last summer - $35 - oh yes, this is aduplex to oso that is for mowing both sides of the house), two kitchen drawers that he knew about months ago and that the fronts just fell off), a spot on a bedroom wall that shortly after we moved in almost 2 years ago had begun to crack vertically and we patched and painted last November is beginning to crack again. When that first happened we noticed that the wall was bowing inwards and that is what caused the cracking.. since then we have noticed that the part that is cracked acually moves if pushed on and it occured to us that they told us that a previous tenant had teenage sons who knocked holes in the walls. NOw we are thinking this may be a repair job gone bad. Regardless, he wants us to pay for it. The list keeps going on and on but you get the jist here. The only reason we can think of that he has changed attitude so much is that he knows that we are moving out this summer since I just got custody of my 2 oldest kids and the home is just too small for a family of 6. Anyway, we think that may be what made him mad.. he is going to have to not only re rent the home and chance losing money until it is rented, but he will also have to give us back our deposit, assuming we leave the home as it was received or better. He told my husband a few months ago that he has never given back a deposit on this home because of damages.

So, here is the question. I told him that I would remake the list and send him a copy of what I feel is reasonable. I want to know what my rights and remedies are before I send this list. Any one?

[elklaw]

You are liable for damages based on your use of the home, excepting ordinanry wear and tear. The deposit can be used to cover unpaid rent and damages. If you and the landlord have discrepancy, try to talk and arrive at a solution.

[Laoise]

Right.. I understand being liable for damages above and beyond 2 years of wear and tear but what about things like those I had mentioned such as a tree being stolen from the front yard, non-existant nail holes and his repair job on the wall that is coming apart? How do I go about fighting him on this when we haven't even moved out yet? I have already let him know in no uncertain terms that I disagree wholeheartedly with his list. Also, what about the air conditioner that he is supposed to supply and refuses? Does him not bringing it over and installing it constitute a breech of contract on his part and if so, what are my remedies?

Oh, and on that note, what exactly is "normal wear and tear" on things like carpeting and paint for two years?