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.
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.
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.
Use this notice for lease violations, allowing remedy or requiring 30-day vacancy, with no retention option for repeat offenses.
Use this notice for a tenant's second similar breach following a prior 14-day notice, mandating vacating with no remedy option.
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.
In Kansas, eviction lawsuits are governed by Kansas Statutes, Chapter 61, Article 38 – Evictions.
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:
The length of time required in the notice will depend on the reason for eviction but will be at least three (3) days.
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.
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.
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.
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.
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.
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.
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