Kansas Statutes

Chapter 9: Banks And Banking; Trust Companies

Article 15: Banking Code; Safe Deposit Box Rental

Statutes:

• 9-1501: State policy.
• 9-1502: Legal relationship of box user.
• 9-1503: Joint tenancy of safe deposit box.
• 9-1504: Death of lessee or lessees in joint tenancy; opening of box; disposition of contents.
• 9-1505: Lessor to give information to public authority.
• 9-1506: Default of lessee; lien on contents; notice; disposition of contents.
• 9-1507: Surrender or termination; notice; disposition of contents.

• 9-1501: State policy. The state recognizes that the storing and safekeeping of personal property in safe deposit boxes is germane and pertinent but not exclusive to the business of banking and trust companies; and that suitable laws should be enacted covering the relations resulting therefrom; and that all such laws also should extend to separately incorporated safe deposit companies inasmuch as banks are authorized by this act to incorporate and conduct separately their safe deposit business.

        History:   L. 1947, ch. 102, § 70; June 30.

• 9-1502: Legal relationship of box user. Any bank, either national or state, or trust company or safe deposit corporation, may maintain safe deposit boxes and rent the same for a consideration. The relationship between any such bank, trust company or safe deposit company having and maintaining safe deposit boxes for public use, and the user or users of such boxes shall be that of landlord and tenant, respectively, in the absence of a written contract to the contrary; notwithstanding the fact that such bank, trust company or safe deposit corporation prescribes the hours of entry into its safe deposit vault, and also retains and requires the use of a preparation or guard key for the protection of itself and the user of such box.

        The rights, duties, powers and privileges of any such bank, trust company or safe deposit corporation in any such transaction shall be that of landlord and for all purposes the tenant or lessee shall be deemed by law to be in possession of such box and the contents thereof. The lessor shall not be charged with knowledge of the contents of any such box. The lessor may limit its liability to the lessee by provisions contained within a lease agreement, except, that the lessor shall be liable for the acts of its officers and employees for failure to exercise ordinary care.

        History:   L. 1947, ch. 102, § 71; June 30.

• 9-1503: Joint tenancy of safe deposit box. Joint tenancy in and to a safe deposit box may be created by contract, with two or more persons named as lessees. The terms of such contract may provide that any one or more of the lessees, or the survivor or survivors of such lessee or lessees shall have access and entry to such safe deposit box and the right to remove the contents from such box whether the other lessee or lessees be living, incompetent or dead; and in case of such removal the lessor shall not be liable for the removal thereof.

        History:   L. 1947, ch. 102, § 72; June 30.

• 9-1504: Death of lessee or lessees in joint tenancy; opening of box; disposition of contents. In the event the sole lessee or all lessees in joint tenancy named in the lease agreement covering a safe deposit box rental shall die, the safe deposit box may be opened, forcibly if necessary, at any time thereafter, in the presence of persons claiming to be interested in the contents thereof, by two employees of the lessor, one of whom shall be an officer of the lessor. Such employees may remove all instruments of a testamentary nature and deposit the same with the district court, taking its receipt therefor. The employees in their discretion may deliver life insurance policies therein contained to the beneficiaries named in such policies, and any deed to a cemetery lot and any burial instructions found therein to the appropriate parties.

        Any and all other contents of such box so opened shall be kept and retained by the bank, trust company or safe deposit company and shall be delivered only to the parties legally entitled to the same. In the event no person claims to be interested in the contents of such box within 60 days after the death of the lessee, the lessor may open the box by forcible entry and remove all instruments of a testamentary nature and deposit the same with the district court, subject to payment of rentals, expenses and repairs.

        History:   L. 1947, ch. 102, § 73; L. 1975, ch. 44, § 25; L. 1976, ch. 145, § 35; L. 1994, ch. 192, § 1; L. 1997, ch. 7, § 1; July 1.

• 9-1505: Lessor to give information to public authority. Upon the death of any lessee of a safe deposit box and upon the request of the district court or the county clerk or the director of taxation for the state of Kansas, the lessor shall reply to such request and inform such official if the designated person was the lessee of a safe deposit box at the time of death.

        History:   L. 1947, ch. 102, § 74; L. 1976, ch. 145, § 36; Jan. 10, 1977.

• 9-1506: Default of lessee; lien on contents; notice; disposition of contents. The lessor shall have a lien upon the contents of any safe deposit box for the rental thereon. If the lessee shall not pay the rent within thirty (30) days after the same is due, then the lessor, after giving not less than sixty (60) days' written notice to the lessee, personally or by registered mail delivered to the latest address shown upon the safe deposit records of the lessor, of its intention to sell the contents of said box for the payment of rent and expenses may open the box forcibly and remove the contents in the presence of two of its employees, one of whom shall be an officer thereof. The lessor then shall retain such contents for at least ninety (90) days thereafter and the lessor then may sell any part or all of said contents at public sale by giving notice thereof in like manner as notice is required when chattels are sold under execution, and retain from the proceeds of sale and the rental due it, the costs of opening and repairing the box, and the costs of sale. Any article, item or document without apparent market value may be destroyed after two (2) years from the date of giving or mailing the required notice.

        History:   L. 1947, ch. 102, § 75; L. 1975, ch. 44, § 26; July 1.

• 9-1507: Surrender or termination; notice; disposition of contents. If the lessee shall fail to surrender possession of any box within thirty (30) days from the date of the termination of the lease, then the lessor, after giving not less than sixty (60) days written notice to the lessee, personally or by registered mail delivered to the latest address shown upon the safe deposit records of the lessor, of its intention to enter said box, remove the contents and sell the same, may open the box forcibly and remove its contents in the presence of two of its employees, one of whom shall be an officer thereof. The lessor then shall retain such contents for at least ninety (90) days thereafter and the lessor then may sell any part or all of said contents at public sale by giving notice thereof in like manner as notice is required when chattels are sold under execution, and retain from the proceeds of sale the costs of opening and repairing such box, the costs of sale and any other amounts due to lessor. Any article, item or document without apparent market value may be destroyed after two (2) years from the date of giving or mailing the required notice.

        History:   L. 1947, ch. 102, § 76; L. 1975, ch. 44, § 27; July 1.