If you’re a landlord seeking to evict a tenant, use a Kansas (KS) eviction notice to begin the process. Your eviction notice must be written according to Kansas state law, and give your tenant the legally required amount of time to respond or move out.
In Kansas, eviction lawsuits are governed by Chapter 61, Article 38 of the Kansas Statutes.
Eviction notices in Kansas are also known as:
- Kansas Notice to Quit
- Kansas Notice to Pay or Quit
- Kansas Notice to Vacate
- Kansas Lease Termination
Kansas Eviction Notices by Type
Download a free eviction notice customized for Kansas state law below in MS Word (.docx) or Adobe PDF format.
30-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month-to-month lease, and that they must prepare to leave your property. In Kansas, landlords must give tenants 30 days’ notice to move out if they’re on a month-to-month lease.
14-Day Notice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if they’ve broken the terms of your lease. In Kansas, landlords must give tenants 14 days’ notice before the eviction process can proceed in court. In that time, tenants may have the option to fix (or “cure”) the problem.
3-Day Notice to Pay Rent or Quit: Use this notice to begin evicting a tenant if they haven’t paid rent on time. In Kansas, landlords must give tenants who have a tenancy of three months or shorter at least three days to pay rent before the eviction process can proceed in court.
If you wish to send a letter simply reminding your tenant that rent is late (without threat of eviction), use a late rent notice.
10-Day Notice to Pay Rent or Quit: Use this notice to begin evicting a tenant if they haven’t paid rent on time. In Kansas, landlords must give tenants who have a tenancy of longer than three months at least 10 days to pay rent before the eviction process can proceed in court.
Eviction Laws & Requirements
- Eviction Lawsuit: Chapter 61, Article 38 of the Kansas Statutes
- Grace Period for Rent Payment: Kansas law doesn’t provide for grace periods, so rent is due as stated in the rental or lease agreement. (KS Stat § 58-2545)
- Late or Non-Rent Payment Notice: 3 days (KS Stat § 58-816a) A landlord may charge reasonable late fees if not stated in the rental agreement and give a three-day notice to pay or quit once rent is late (KS Stat § 61-3803)
- Notice of Non-Compliance: 14 days (KS Stat § 58-2564(a)) A landlord must give the tenant a 14-day notice to comply with lease terms. If the tenant doesn’t cure the default, the landlord may evict the tenant 30 days after the tenant received the 14-day notice.
- Lease Termination (Month-to-Month): 30 days (KS Stat § 58-2570) If the lease doesn’t specify, either landlord or tenant may give a 30-day notice to terminate the lease.
What is the Eviction Process in Kansas?
Step 1: Serve eviction notice on tenant
The landlord must first serve on a tenant a three-day notice to quit the property to start the eviction process. In the notice, they must state the reason(s) for eviction, such as,
- failing to pay rent
- violating the rental agreement
- terminating a month-to-month tenancy.
Step 2: File eviction lawsuit
Step 3: Schedule hearing date
The court sets a hearing date 3 to 14 days from the issuance of the summons and petition. Both the summons and petition must be served on the tenant.
Step 4: Tenant answers or defaults
If the tenant wants to contest the eviction, they must file a written answer to the summons and petition within the time frame indicated on the summons.
If the tenant fails to appear at the hearing, the court may enter a default judgment in favor of the landlord and a writ of restitution and execution to regain possession of the property.
Step 5: The court sets trial date
If the tenant files an answer to the complaint and the court needs more information, a trial date is set for 14 days after the answer has been filed.
Step 6: Landlord wins judgment
If the landlord wins, judgment is entered, and the landlord can request a Writ of Restitution and Execution and Return to remove the tenant from the premises. The execution order is served on the tenant by a marshal.
The tenant then has twenty-four hours to leave the premises.
Step 7: Stay of execution
The tenant has five days after the judgment to file an appeal. If the tenant files an appeal, they may apply for a stay of execution, which means the landlord cannot evict them until after the appeal process is complete.
Related Kansas Court Forms
Eviction Petition and Petition for Eviction and Rent: These documents begin the eviction lawsuit for non-payment of rent, stating the facts of the tenancy and non-payment. The first is for possession of the premises only and the second is for possession plus any rent still owed.
Summons: Served with the complaint to notify the tenant they’re being sued for eviction and what they must do.
Answer: The tenant answers the eviction lawsuit with this document, alleging any special defenses, such as uninhabitable premises or full payment of rent.
Writ of Restitution and Execution and Return: The court issues this document after judgment is entered for the landlord. It’s used to remove the tenant from the rental premises and collect rent or other fees from them.
Writ of Restitution for Immediate Possession: the court issues this document after judgment is entered for the landlord . It’s used to remove the tenant from the rental premises.
Eviction Information for Kansas Landlords and Tenants
Resources for Landlords
Kansas Landlord Tenant Law: American Apartment Owners Association guidelines on the Kansas Landlord and Tenant Act notes that a landlord must not use self-help to evict a tenant, such as turning off utilities or locking the tenant out of the property.
Kansas Residential Landlord and Tenant Act: A reprint of the Kansas laws governing landlords and tenants.
Landlord Handbook — Rights and Responsibilities: A guidebook on rental agreements, late fees, security deposits, and eviction process by a low-cost non-profit legal services provider.
Resources for Tenants
Fair Housing Act: The federal statute forbidding landlords from discriminating against tenants based on race, ethnicity, religion, gender, family status or disability.
Housing and Urban Development tenant resource page: Provided by the United States HUD for tenants in federally assisted housing.
Kansas Tenants Handbook: A handbook of rights, duties, and obligations of Kansas tenants.
Kansas Housing Conference: Provides instructions on how to file a tenant complaint.