Kansas Eviction Notice

Types of Kansas Eviction Notice Forms

1. 3-Day Notice to Quit

   • Grounds: Nonpayment of rent.
   • Details: The tenant must pay all past due rent or vacate the premises within three calendar days of receiving the notice.

2. 10-Day Notice to Quit

   • Grounds: Nonpayment of rent for tenancies of three months or longer.
   • Details: The tenant must pay the overdue rent within ten days.

3. 14-Day Notice to Quit

   • Grounds: Lease violation.
   • Details: The tenant has fourteen days to remedy the lease violation or vacate the premises.

4. 30-Day Notice to Quit

   • Grounds: Second lease violation or termination of month-to-month tenancy.
   • Details: The tenant must vacate within thirty days.

Legal Grounds for Eviction

In Kansas, landlords can issue eviction notices based on the following grounds:

• Nonpayment of Rent:

  • 3 days for tenancies less than 3 months (K.S.A. § 58-2508).
  • 10 days for tenancies of 3 months or longer (K.S.A. § 58-2507).

• Lease Violations:

  • 14 days to cure for the first violation (K.S.A. § 58-2564(a)).
  • 30 days for repeat violations without a chance to cure.

• Termination of Tenancy:

  • 30 days for month-to-month leases (K.S.A. § 58-2570).

How to Write an Eviction Notice in Kansas

To ensure legal compliance, an eviction notice should include:

1. Tenant’s full name and address.
2. Specific lease violation and any balance due.
3. Date of termination.
4. Landlord’s printed name, signature, and address.
5. Date and method of notice delivery.

How to Serve an Eviction Notice in Kansas

Landlords may serve an eviction notice using the following methods:

1. Hand delivery to the tenant.
2. Hand delivery to a person at least age 12 on the premises.
3. Delivery by registered or certified mail (with return receipt).
4. Posting at a conspicuous place on the premises if the tenant cannot be found.

Eviction Process in Kansas

Step 1: Serve Notice

The landlord must serve a written notice to the tenant stating the reason for eviction and the time frame for compliance.

Step 2: File Eviction Lawsuit

If the tenant does not respond or comply, the landlord can file a summons and eviction petition with the district court.

Step 3: Schedule Hearing Date

The court will set a hearing date, typically 3 to 14 days from the issuance of the summons.

Step 4: Tenant Answers or Defaults

The tenant must file a written answer if they wish to contest the eviction. Failure to appear may result in a default judgment in favor of the landlord.

Step 5: Court Sets Trial Date

If necessary, a trial date will be set for 14 days after the tenant’s answer.

Step 6: Landlord Wins Judgment

If the landlord prevails, they can request a Writ of Restitution to regain possession of the property.

Step 7: Stay of Execution

The tenant has five days post-judgment to file an appeal, during which they may apply for a stay of execution.

Important Considerations

• Grace Period: Kansas law does not mandate a grace period for late rent unless specified in the rental agreement (K.S.A. § 58-2545).
• Late Fees: Landlords may charge reasonable late fees if included in the rental agreement (K.S.A. § 58-816a).
• Tenant Protection: Landlords must not forcibly evict tenants without following the formal eviction process.

Statutes

• Kan. Stat. § 58-2505 – Termination of tenancy from year-to-year; notice
• Kan. Stat. § 58-2507 – Termination of lease for three months or longer; notice; effect of payment of rent
• Kan. Stat. § 58-2508 – Termination of tenancy of less than three months for nonpayment of rent; notice
• Kan. Stat. § 58-2509 – Notice to quit not necessary, when
• Kan. Stat. § 58-2542 – Jurisdiction of courts; procedure
• Kan. Stat. § 58-2545 – Rental agreement; terms and conditions in absence thereof
• Kan. Stat. § 58-2546 – Same; agreement not signed and delivered given effect by certain actions; limitation on term
• Kan. Stat. § 58-2547 – Same; prohibited terms and conditions; damages
• Kan. Stat. § 58-2550 – Security deposits; amounts; retention; return; damages for noncompliance
• Kan. Stat. § 58-2551 – Disclosures required of landlord or person authorized to enter rental agreement; person failing to comply becomes landlord’s agent for certain purposes
• Kan. Stat. § 58-2553 – Duties of landlord; agreement that tenant perform landlord’s duties; limitations
• Kan. Stat. § 58-2555 – Duties of Tenant
• Kan. Stat. § 58-2557 – Landlord’s right to enter; limitations
• Kan. Stat. § 58-2558 – Use of premises; extended absence of tenant
• Kan. Stat. § 58-2559 – Material noncompliance by landlord; notice; termination of rental agreement; limitations; remedies; security deposit
• Kan. Stat. § 58-2563 – Unlawful removal or exclusion of tenant; diminished services; damages; security deposit
• Kan. Stat. § 58-2564 – Material noncompliance by tenant; notice; termination of rental agreement; limitations; nonpayment of rent; remedies
• Kan. Stat. § 58-2565(c) – Extended absence of tenant; damages; entry by landlord; abandonment by tenant, when; reasonable effort to rent required; termination of rental agreement, when; personal property of tenant; disposition, procedure; proceeds; rights of person receiving property
• Kan. Stat. § 58-2565(d) – Extended absence of tenant; damages; entry by landlord; abandonment by tenant, when; reasonable effort to rent required; termination of rental agreement, when; personal property of tenant; disposition, procedure; proceeds; rights of person receiving property
• Kan. Stat. § 58-2570(a) – Termination of tenancy; notice; holdover by tenant; remedies; notice obligating tenant beyond terms of lease agreement, form
• Kan. Stat. § 58-2570(b) – Termination of tenancy; notice; holdover by tenant; remedies; notice obligating tenant beyond terms of lease agreement, form
• Kan. Stat. § 58-2572 – Certain retaliatory actions by landlord prohibited; remedies; increased rent, when; action for possession, when
• Kan. Stat. § 60-511 – Actions limited to five years
• Kan. Stat. § 60-512 – Actions limited to three years