If you’re a landlord or property management company seeking to evict a tenant for not paying rent by the due date or violating other lease terms, use a Kansas (KS) Eviction Notice to begin the process.
Your notice must be written according to Kansas state law and give your tenant the legally required period to respond or move out.
If you wish to send a letter simply reminding your tenant that rent is late, use a late rent notice.
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 Notice to Vacate:: 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 Kansas, landlords must give tenants 30 days’ notice to move out if they’re on a month-to-month lease.
Download: Word (.docx) or Adobe PDF
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 eviction can proceed in court. In that time, tenants may have the option to fix (or “cure”) the problem.
Download: Word (.docx) or Adobe PDF
3-Day Notice to Pay Rent or Quit: Use this form to begin your notice period and the process of evicting a tenant if they haven’t paid rent on time.
In Kansas, landlords must give tenants with a tenancy of three months or shorter at least three (3) days to pay their rent before the eviction process can proceed in court.
Download: Word (.docx) or Adobe PDF
10-Day Notice to Pay Rent or Quit: Use this notice to evict a tenant if they haven’t paid rent on time.
In Kansas, landlords must give tenants with a tenancy of longer than three months at least ten (10) days to pay their rent before the eviction process can proceed in court.
Download: Word (.docx) or Adobe PDF
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.
What is the Eviction Process in Kansas?
Step 1 – Serve Notice on Tenant
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
Suppose a tenant hasn’t responded (i.e., paid the late rent) or moved out within the time period specified in the notice. In that case, a landlord may file a summons and eviction petition with the district court in the county where the property is located.
Remember that you may incur a filing fee or other court costs when filing your 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.
Kansas Landlord-Tenant Eviction Laws and Resources
Resources for Landlords
Kansas Landlord-Tenant Law: American Apartment Owners Association guidelines on the Kansas Landlord and Tenant Act note 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 state laws governing landlords and tenants.
Landlord Handbook — Rights and Responsibilities: A guidebook on rental agreements, late fees, security deposits, and eviction process by Kansas Legal Services, a low-cost non-profit legal services provider.
Resources for Tenants
Fair Housing Act: The federal statute forbids landlords from discriminating against tenants based on race, ethnicity, religion, gender, family status, or disability.
U.S. Department of Housing and Urban Development tenant resource page: Provided by the United States HUD for tenants.
Kansas Tenants Handbook: A handbook of Kansas tenants’ legal rights, duties, and obligations.
Kansas Housing Conference: Provides Kansas legal services and information on tenants’ rights, including filing a tenant complaint.
Tenants facing eviction should keep track of all details of their tenancy and correspondence with landlords, including maintenance requests, rent receipts, emails, notes, and signed documents.
How to Write an Eviction Notice (Notice to Pay Rent or Quit)
Follow the steps below to write an eviction notice in Kansas.
Step 1 – Fill Out the Date of Eviction Notice
Write the date of the Eviction Notice.
Step 2 – Enter the Tenant Information and Property Address
Provide the name of all tenants listed on the original lease or rental agreement. Enter the full street address for the rental property.
Step 3 – Enter Lease/Rental Agreement Information
Provide the name (or title) and the original lease or rental agreement date.
Step 4 – Enter Late Rent Details
Provide the beginning and end dates for the time period in which the rent is past due. Write the amount of the past due rent, the number of late fees (if any), and the total amount the tenant owes to the landlord.
Step 5 – Sign Notice and Enter Landlord Information
The landlord will sign and date the Eviction Notice. Provide the landlord’s current contact information so the tenant can contact the landlord if necessary.
Step 6 – Provide Proof of Service
Proof of service is an affidavit that shows that the Eviction Notice was served to the tenant.
Enter the date of delivery. This is important because it provides evidence of the date the notice is delivered to the tenant, which starts the number of days the tenant has to pay the past due rent (3 days for a tenancy of 3 months or shorter or 10 days for a tenancy of longer than 3 months) or vacate the property.
The person delivering the Eviction Notice, the server, should complete the delivery method, the fields for the person receiving the notice, and the address of the location where the notice was delivered.
The server signs, prints their full name, and dates the proof of service.
Sample Kansas Eviction Notice
Below is an example of what a Kansas eviction notice looks like.
