A Kansas eviction notice, crafted by landlords or property managers, addresses non-payment of rent or lease breaches. It must follow Kansas law, specifying the eviction reason and providing a legal timeframe for tenant response or move-out. If unresolved, landlords can then seek legal eviction.
By Type
3-Day Notice to Quit for Non-Payment
Landlords must give tenants with a tenancy of three months or shorter at least three days to pay their rent before the eviction process can proceed in court.
10-Day Notice to Quit for Non-Payment
Landlords must give tenants with a tenancy of longer than three months at least ten days to pay their rent before the eviction process can proceed in court.
14-Day Notice to Quit for Non-Compliance
Use this notice for lease violations, allowing remedy or requiring 30-day vacancy, with no retention option for repeat offenses.
30-Day Notice to Quit for Non-Compliance
Use this notice for a tenant's second similar breach following a prior 14-day notice, mandating vacating with no remedy option.
30-Day Lease Termination
Use this notice to let a tenant know that you’re ending a month-to-month lease agreement and that they must prepare to leave your property in 30 days.
Eviction Laws & Requirements
- Eviction Lawsuit: Chapter 61, Article 38 of the Kansas Statutes.
- Grace Period for Rent: Kansas law doesn’t address grace periods for late rent. Therefore, any grace period is stated in the rental or lease agreement (KS Stat. § 58-2545).
- Late Payment of Rent Fees: A landlord may charge reasonable late fees as long as it is stated in the rental agreement (KS Stat. § 58-816a).
- Notice of Late or Non-Payment of Rent:
- Notice of Non-Compliance: 14 days (KS Stat. § 58-2564(a)). A landlord must give the tenant a 14-day notice for material noncompliance with the terms of the lease agreement. If the tenant doesn’t cure the default within 14 days, the tenant must vacate 30 days after receiving the notice.
- Lease Termination (Month-to-Month): 30 days (KS Stat. § 58-2570). The landlord or tenant usually must give at least 30 days’ notice to the other party to terminate the lease, unless otherwise specified in the lease agreement.
How to Evict a Tenant in Kansas
In Kansas, eviction lawsuits are governed by Kansas Statutes, Chapter 61, Article 38 – Evictions.
Step 1 – Serve Notice
The landlord must first serve the tenant a written notice to quit the property to start the eviction process (by first-class mail, certified mail, another mailing service (preferably with return receipt), as well as personal services like hand delivery or messenger with the posting of the notice on the front door).
In the notice, they must state the reason(s) for eviction, such as:
- Not paying rent when rent is due.
- Violating the rental agreement.
- Terminating a month-to-month tenancy.
The length of time required in the notice will depend on the reason for eviction but will be at least three (3) days.
Step 2 – File Eviction Lawsuit
If a tenant has not responded, meaning they haven’t paid the overdue rent or moved out within the specified time after receiving a notice, the landlord has the right to file a summons and eviction petition with the district court in the county where the property is located.
It’s important to note that there may be a filing fee or other court costs associated with initiating an eviction lawsuit.
Step 3 – Schedule Hearing Date
The court sets a hearing date of 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 (per KS Stat. § 61-3301) in favor of the landlord and a writ of restitution and execution to regain possession of the property.
Step 5 – 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 Judgement
If the landlord wins, judgment is entered, and the landlord can request a Writ of Restitution to remove the tenant from the premises. The execution order is served on the tenant by a marshal, sheriff’s deputy, or other law enforcement.
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
- Petition for Eviction: This document begins the eviction lawsuit. The petition includes the facts of the rental agreement, the reason for eviction, the judgment for possession of the premises, and the owed rent or damages.
- Eviction Summons: Served with the complaint to notify the tenant they’re being sued for eviction, the date and time, and location of the hearing, and what they must do.
- Answer to Petition for Eviction: The tenant answers the eviction lawsuit with this document and can allege any affirmative defenses, such as uninhabitable premises or full payment of rent.
- Writ of Restitution for Immediate Possession: The judge issues this court order after judgment is entered for the landlord. It’s used to remove the tenant from the rental premises.
