Evicting a tenant in Kansas requires the landlord to first provide written notice to the tenant of their intention to seek a legal remedy for non-compliance with any of the terms of the lease. When the breach is nonpayment of rent, the landlord can send the notice the day after the rent is late. Rent is considered “paid” when it is placed in a mailbox, stamped and addressed to the landlord. The tenant then has the opportunity to pay the overdue rent or remedy the lease breach within the time frame established in the notice. If they do not respond within that time, the landlord can begin the eviction process by filing a Civil Information Sheet and Petition for Eviction.
Laws – Chapter 61, Article 38 (Evictions)
How to Evict
- Step 1 – Send an Eviction Notice to Tenant
- Step 2 – Wait to Hear from the Tenant
- Step 3 – File in Court
- Step 4 – Set a Hearing Date
- Step 5 – Appear in Court
- Step 6 – File for a Writ of Restitution
- Step 7 – Repossess the Property
Step 1 – Send Eviction Notice to Tenant
- Non-Payment (3-Day Notice)
- Non-Payment (10-Day Notice)
- Non-Compliance (14-Day Notice)
- 2nd Non-Compliance (30-Day Notice)
- Month to Month (30-Day Notice)
The landlord is responsible for providing the appropriate written notice to the tenant before beginning any legal proceedings. The notice must be delivered in person, mailed by certified mail or posted in a conspicuous place on the rental unit. If it is mailed, two (2) days must be added to the notice requirement. There are five (5) types of notices to quit in Kansas:
- Non-Payment (3-Day Notice): If the tenancy is less than three months, the tenant gets three (3) days to pay overdue rent before eviction proceedings can begin.3
- Non-Payment (10-Day Notice): If the tenancy is three months or longer, the tenant gets ten (10) days to pay overdue rent before the eviction proceedings can begin.2
- Non-Compliance (14-Day Notice): This gives the tenant fourteen (14) days to correct the breach of the lease agreement they are accused of. If they fail to fix the breach, they must vacate the property within thirty (30) days.5
- 2nd Non-Compliance (30-Day Notice): A landlord uses this notice if the tenant repeats the same violation of the least agreement within six (6) months of the first violation. There is no remediation available to the tenant with this notice, and they must vacate the property within thirty (30) days.5
- Month-to-Month (30-Day Notice): Both the tenant and landlord are required to provide at least thirty (30) days notice when they plan to exit an at-will lease agreement.6
Step 2 – Wait to Hear from the Tenant
The landlord waits the number of days on the notice to give the tenant an opportunity to respond, cure the breach or pay overdue rent. It is preferable to come to a compromise outside of court if possible.
Step 3 – File in Court
- Average processing time: 3 weeks to 3 months
- Filing fee: varies by county
- Where to file: District Court local to the property address
If the tenant does not respond to the notice, the landlord can file a Civil Information Sheet and Petition for Eviction with the District Court in the county where the property is located. It is the landlord’s responsibility to prepare one (1) original and two (2) copies of all filing paperwork for each tenant being sued. The Petition for Eviction must be signed by the landlord in the presence of a Notary Public.
- Civil Information Sheet: This provides a description of the case and must be filed with the Petition for Eviction.
- Petition for Eviction: This initiates the eviction for any causes other than unpaid rent and is filed with the court clerk with the Civil Information Sheet.
- Petition for Eviction and Rent: The landlord uses this petition if the tenant has unpaid rent.
Step 4 – Set A Hearing Date
Once the landlord has filed the paperwork, the court will produce the Summons and have it served on the tenant. This informs the tenant they are being sued and when they must appear in court. The landlord is responsible for obtaining one (1) original and two (2 copies) of the Summons for the County Sheriff to serve on the tenant.
Step 5 – Appear in Court
Both the landlord and tenant must appear in court on the date set by the Summons. If the court rules in favor of the landlord, the judge completes a Journal Entry of Judgment awarding the plaintiff immediate possession of the property. The court has it served on the tenant with a Certificate of Service, which proves that the judgment was served.
Tenants can win in court based on a number of common tenant defenses. In Kansas, tenants may claim that the landlord is out of compliance with any of the following responsibilities1:
- Disability Accommodations: The landlord is required to provide reasonable accommodations for tenants with disabilities.
- Discrimination: Any kind of discrimination by the landlord on the basis of disability, ethnicity, familial status, gender, race, or religion is strictly prohibited.
- Security Deposit: The landlord must return the security deposit within thirty (30) days of assessing any damages to the rental unit. They cannot deduct the cost of repairing normal wear and tear.
- “Self-Help” Eviction: A landlord cannot legally evict a tenant by shutting off their utilities or changing the locks on the rental unit without their knowledge.
- Unit Repairs: The landlord must repair problems in the rental unit if assistance is requested by the tenant. If a landlord does not do this, the tenant can sue for any back rent and damages to personal property as long as they continue paying rent as scheduled until the issue is resolved. The tenant can give thirty (30) days notice to move out, but the landlord then has fourteen (14) days to remedy the situation from the initial notice date.
Step 6 – File for a Writ of Restitution
If the court rules in favor of the landlord but the tenant does not vacate the premises in a timely manner, the landlord can file for a Writ of Restitution. There are two kinds in the state of Kansas:
- Writ of Restitution and Execution: This gives the Sheriff’s department the authority to physically evict the tenant and their belongings within a designated time frame.
- Writ of Restitution for Immediate Possession: This gives the Sheriff’s department the authority to physically evict the tenant and their belongings immediately.
Step 7 – Repossess the Property
The landlord can use the Writ of Restitution to utilize the Sheriff’s office to forcibly remove the tenant and their possessions from the property.