Kansas Eviction Process

How to Evict a Tenant in Kansas

Landlords must adhere to the eviction notice procedure as outlined in Kan. Stat. § 61.38, with comprehensive landlord/tenant regulations provided under Kan. Stat. § 58, to facilitate a smoother process.

Step 1: Send the Eviction Notice

The eviction process starts with sending the tenant an eviction notice. The type of eviction notice will depend on the violation the tenant has committed.

According to Kan. Stat. § 58-2510 and Kan. Stat. § 61-3803, landlords should start by trying to deliver the eviction notice to the tenant personally. If the tenant cannot be found, the landlord can leave a copy of the notice at the rental unit, including leaving it with someone over the age of 12 who lives there.

If no one is on the premises, the landlord should post the notice in a prominent location or mail a copy by certified mail with a return receipt.

Step 2: Filing an Eviction Lawsuit

In Kansas, if a tenant violates their rental agreement by not paying rent or breaching another lease term, the landlord can file an eviction lawsuit in the county’s District Court as per Kan. Stat. § 58-2542.

To start the lawsuit, the landlord must submit a petition for eviction and a civil cover sheet, detailing the violation, evidence, missed rent dates, the lease agreement, and when the eviction notice was served. The landlord may also request damages for the tenant’s refusal to vacate as per Kan. Stat. § 58-2564.

Step 3: Court Issues a Summons

The court will issue an eviction summons to the tenant, noting that the tenant must appear in court to contest the eviction. Kan. Stat. § 61-3805 requires that the court date be set three to 14 days after the date the summons is issued. However, the tenant or landlord can request a continuance to provide more time.

According to Kan. Stat. § 61-3003, the summons must be submitted to the tenant in a sealed envelope and delivered by return receipt delivery. Furthermore, the sheriff, the party, or the attorney’s party should create a return of service noting that the document was delivered and file it with the clerk.

Step 4: The Tenant’s Answer

Under Kan. Stat. § 61-3806, the tenant can file a written answer to the summons or answer in court. The written answer should include the tenant’s dispute of the landlord’s eviction and any evidence related to their claim. An answer can also include a counterclaim against the landlord if the tenant notes that the landlord has also violated the lease agreement or their rights in some way.

When a tenant fails to answer the summons or appear in court, the court issues a default judgment against the landlord.

Step 5: Court Hearing

During the court hearing, both the landlord and the tenant will have a chance to lay out their case. The landlord should bring:

• The lease agreement
• Evidence of the lease violation
• Proof of service of the eviction notice
• The complaint form

The judge will then issue a judgment in the case. If the case is decided in the landlord’s favor, the landlord can request a writ of restitution or order for the tenant’s removal from the property.

Step 6: Writ of Restitution

The landlord must submit the writ of restitution to the sheriff in the county where the property is located. According to Kan. Stat. § 61-3808, the sheriff must execute the writ within 14 days of the landlord’s submission. The writ will order the tenant’s removal from the property.

Step 7: Forcible Removal

If the tenant does not leave the property after the timeline laid out by the writ of restitution, the sheriff will return to the property to forcibly remove the tenant. The landlord should not attempt to remove the tenant on their own, including cutting off utilities, changing the locks, or trying to remove the tenant’s possessions.

Reasons for Eviction in Kansas

The eviction process involves two types: at-fault and no-fault. The reason for eviction should be determined before proceeding.

At-Fault Evictions

An at-fault eviction occurs when the landlord has a specific reason to evict the tenant from the property, usually because of a lease violation or failure to pay rent. The eviction notice process depends on the reason for the eviction and whether the tenant can remedy the violation that led to the landlord’s concerns. Common reasons include:

• Failure to pay rent or late rent
• Noncompliance with the rental agreement

1. For Failure to Pay Rent (Less Than Three Months Tenants)

Overview

• According to Kan. Stat. § 58-2508, a three-day notice to quit for failure to pay rent is used when tenants have resided in the property for less than three months.
• A three-day notice to quit gives the tenant three days to pay any late rent, after which the landlord has the right to proceed with eviction proceedings.
• The three-day notice period is defined as three consecutive 24-hour periods and includes weekends and holidays.
• State law does not offer a specific grace period landlords must adhere to before expecting rent from their clients. Therefore, any grace period should be outlined in the rental agreement, as defined by Kan. Stat. § 58-2545.
• Kan. Stat. § 58-816a states that landlords can charge reasonable rent fees as long as the rental agreement defines them.

2. For Failure to Pay Rent (More Than Three Months Tenants)

Overview

• Under Kan. Stat. § 58-2507, the 10-day notice to quit for failure to pay rent should be used when a tenant has resided in the property for more than three months and has failed to pay rent on time. Because Kansas law does not require a grace period, landlords can file this notice as soon as the tenant misses a rent payment unless otherwise specified in the lease agreement.
• This notice allows the tenant ten days to take care of any late rent payments before the landlord moves forward with eviction proceedings.
• The 10-day notice period is ten calendar days long, including holidays and weekends.

3. For Non-Compliance

Overview

• Under Kan. Stat. § 58-2564, a 14-day notice of non-compliance should be provided when the tenant violates the lease terms in some way, including having more tenants in the property than are named in the lease or having pets in a property that does not allow them.
• A 14-day notice of non-compliance gives the tenant 14 days to remedy the lease violation. If the tenant does not take care of the lease violation within 14 days, they have 30 days to vacate the property.
• The 14-day notice period and the 30 days to vacate the property include weekends and holidays.

4. For Repeating Lease Violations

Overview

• Under Kan. Stat. § 58-2564, the 30-day notice to quit for repeat lease violations is used when the tenant commits essentially the same violation twice within a single lease term.
• A 30-day notice to quit gives the tenant 30 days to vacate the property without the potential to remedy the violation.
• The 30 days laid out in the notice including weekends and holidays.

No-Fault Evictions

A no-fault eviction occurs when a landlord wants to remove the tenant from the property even though the tenant has not violated the lease. Most of the time, tenants can only be evicted as part of a no-fault eviction when the lease agreement ends or the landlord is ready to end a month-to-month lease agreement.

1. 30-Day Notice of Lease Termination

Overview

• Kan. Stat. § 58-2570 notes that a 30-day notice of lease termination should be used when a landlord wants to end a month-to-month tenancy.
• The 30-day notice of lease termination gives the tenant 30 days to move out of the property.
• The 30 days include weekends and holidays.
• If the tenant remains in the property in bad faith despite the termination of the lease agreement, the landlord may have the right to recover up to one-and-a-half times the monthly rent or one-and-a-half times the financial damages suffered by the landlord in compensation for the tenant’s actions.

2. Immediate Notice of Lease Termination

• Under Kan. Stat. § 58-2509, an immediate notice of lease termination is used when a landlord wants to immediately remove a tenant from the premises after the end of the lease agreement.
• This notice lets tenants know that the landlord wants to immediately take possession of the home after the end of the lease agreement, and the tenant must leave immediately. Kan. Stat. § 58-2509 notes that no notice is required in these cases.

Eviction Timetable

Tenant Rights in Kansas

The eviction notice process can prove complicated. However, tenants have rights that landlords must consider at all stages of the process.

Self-Help Evictions

Kan. Stat. § 61.38 clearly outlines the eviction process requirements. When a landlord tries to handle the eviction process independently without following the correct court process, it is known as a self-help eviction.

That may include turning off utilities, changing the locks, or trying to remove the tenant from the property forcibly. These actions are illegal, and the tenant may have the right to compensation.

Abandoned Property

Under Kan. Stat. § 58-2565, if an evicted tenant leaves property behind, the landlord should store it for 30 days at the tenant’s expense. After those 30 days, the landlord can sell or dispose of the property as long as the landlord publishes an intent to sell or dispose of the property in a local publication at least 15 days before the sale.

The landlord should also mail a copy of that publication to the tenant within seven days of its publication and let the tenant know they have the right to reclaim the property within those 30 days.

Resources for Kansas Landlords and Tenants

• Tenant Rights, Laws, and Protections in Kansas – Comprehensive overview of the legal framework supporting tenant rights within the state.
• Kansas Housing Resources – Key information and resources available for housing needs in the state.
• Kansas Tenant Handbook – A detailed guide for renters on their rights, responsibilities, and how to navigate tenancy issues.