A Kansas eviction notice is given to a tenant to inform them that an eviction lawsuit may be filed against them if they do not comply with the landlord’s terms as relayed in the notice document. If the tenant fails to pay rent, the tenant will receive an eviction notice that grants them three (3) or ten (10) days to either pay rent or vacate the dwelling. Tenants who are non-compliant with their lease terms will have fourteen (14) days to remedy their actions or else be forced to move out within thirty (30) days. There is also a 30-day eviction notice that may be used by both landlords and tenants when terminating a monthly lease.
3-Day Notice to Quit for Non-Payment of Rent – Informs a tenant that they must either pay rent or move out within three (3) days (only applicable for tenancies under three (3) months in duration).
10-Day Notice to Quit for Non-Payment of Rent – Provides a tenant with a ten (10) day period in which they must either pay rent or vacate the premises (only applicable for tenancies of three (3) months or longer).
14/30-Day Notice to Quit for Non-Compliance – This notice is given to a tenant who violates their rental agreement. The tenant will have fourteen (14) days to fix the violation(s) or thirty (30) days to move out.
30-Day Notice to Terminate Month-to-Month Lease – Allows a landlord or tenant to terminate a monthly lease within thirty (30) days. No cause for termination is required.
- Grace Period (§ 58-2545(c)): None
- Non-Payment of Rent for Tenancy Under 3 Months (§ 58-2508): Three (3) Days
- Non-Payment of Rent for Tenancy of 3 Months or Longer (§ 58-2507): Ten (10) Days
- Lease Non-Compliance (§ 58-2564(a)): Fourteen (14) Days to Cure, Thirty (30) Days to Vacate
- Periodic Tenancy Termination (§ 58-2570(b)): Thirty (30) Days
Evicting a tenant in Kansas can be achieved by obtaining an eviction order through a legal process known as a “forcible detainer.” A judgment for eviction will only be awarded if the landlord can sufficiently prove that the tenant continues to unlawfully occupy the dwelling following the termination of their lease.
Step 1 – Download and Complete Eviction Notice
Landlords must first draft a notice that states the reason for the lease termination and the number of days before the tenant will be required to vacate the premises. The following notice types are applicable in Kansas:
- 3-Day Notice to Quit for Non-Payment (Tenancy Under 3 Months)
- 10-Day Notice to Quit for Non-Payment (Tenancy of 3 Months or Longer)
- 14/30-Day Notice to Quit for Non-Compliance
- 30-Day Notice to Terminate Month-to-Month Lease
Step 2 – Deliver Notice to Tenant
A copy of the completed notice may be delivered to the tenant or to any other individual above the age of twelve (12) who resides on the premises. If no such individual can be found, a copy may instead be posted to a conspicuous location on the premises or sent by mail to the same address (if sent by mail, an additional two (2) days shall be added to the notice period).
Step 3 – Wait for Notice Period to Expire
Depending on the reason for the eviction, the tenant will have between three (3) and thirty (30) days to vacate. In some cases, the tenant will also have the option of retaining their tenancy by curing their violations within the time frame provided. Failure by the tenant to comply with the notice terms will authorize the landlord to terminate the lease and proceed with an eviction lawsuit.
Step 4 – File Petition for Eviction
After terminating the tenant’s rental agreement, the landlord may file an eviction lawsuit with the district court by submitting a Petition for Eviction. Included with the petition must be a Civil Cover Sheet and a filing fee which can range from $55 to $125 depending on the amount of rent owed (if any).
Step 5 – Serve Eviction Summons on Tenant
Once the landlord’s petition has been processed, the court will schedule an eviction hearing and issue an Eviction Summons to the landlord. This document will state the date, time, and location of the hearing. It will also provide instructions about how the tenant can respond to the landlord’s allegations. The landlord must arrange to have the sheriff’s office serve the Eviction Summons on the tenant along with a copy of the Petition for Eviction. A small fee will be required for this service.
Step 6 – Attend Eviction Hearing
Both the tenant and landlord must appear in court for the eviction hearing. A default judgment will be made in favor of the landlord if the tenant fails to attend. During the hearing, the court will determine whether a formal trial will be needed to settle the matter. If a trial is required, the court will schedule an eviction trial which typically occurs no later than eight (8) days from the hearing.
Step 7 – Present Case at Eviction Trial
The landlord must attend the eviction trial to present their evidence to the court. To help ensure a victory, the landlord must have sufficient evidence showing that the tenant is no longer entitled to possession of the premises.
Step 8 – Eviction Judgment
If the landlord wins the eviction trial, a Judgment of Possession will be awarded to the landlord. This document indicates a date by which the tenant will be required to vacate the premises.
Step 9 – Evict Tenant
Should the tenant fail to comply with the eviction terms and remain on the property, the landlord may request a Writ of Restitution for Immediate Possession that authorizes the sheriff’s office to physically remove the tenant within fourteen (14) days.
- Civil Cover Sheet
- Signing: N/A
- Petition for Eviction
- Signing: Landlord (or Attorney)
- Eviction Summons
- Signing: Clerk and Process Server or Officer
- Writ of Restitution for Immediate Possession
- Signing: Judge and Officer
- Journal Entry Eviction – Issued to the plaintiff by the court.
- Signing: Judge