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The Kansas eviction notice is a letter the landlord issues to the tenant to inform them that they have to leave the leased property within a certain period of time. The landlord also uses this letter to inform them about the reasons for the eviction and, if the violation is curable, the ways in which they can remedy the violation.
If the tenant doesn’t cure the violation or leave the property, the landlord can move forward and file an eviction lawsuit, which will eventually lead to the eviction of the tenant if all the requirements are met.
Types of Eviction Notices in Kansas
The landlord should use the appropriate type of eviction notice, depending primarily on the type of lease and the reasons for the eviction.
3-day Notice to Pay Rent or Quit
This type of notice is used when the tenant fails to pay the rent for tenancies shorter than 3 months. The landlord will notify the tenant that they have 3 days to pay the default rent or leave the property. If the tenant doesn’t comply, the landlord can file an eviction lawsuit.
10-day Notice to Pay Rent or Quit
The landlord issues this type of eviction notice when the lease term is 3 months or longer. When they receive the notice, the tenant will have 10 days to pay the due rent or vacate the property.
14-day Notice to Quit (Non-Compliance)
When the tenant violates the lease agreement or the Kansas landlord-tenant laws, the landlord will issue this notice, giving them 14 days to fix the violation. If they fail to remedy the situation within the provided deadline, they will have to leave the property within 30 days.
30-day Notice to Quit (Non-Compliance)
If the tenant commits the same violation of the lease agreement or other tenancy rules for the second time in a 6 month period, the landlord will issue this notice, giving them 30 days to vacate the property without the possibility of remedying the violation.
Notice to End the Month-to-Month Lease
If the landlord wants to terminate the tenancy at will or the periodic tenancy (week-to-week or month-to-month), they must issue a notice to the tenant giving them at least 30 days to vacate the property.
Eviction Laws and Requirements in Kansas
Laws & Requirements
Rent grace period. No grace period unless provided in the lease agreement (§ 58-2545(c))
Non-payment of rent (tenancy under 3 months). 3 days (§ 58-2508)
Non-payment of rent (tenancy over 3 months). 10 days (§ 58-2507)
Non-compliance. 14 days to remedy and 30 days to vacate (§ 58-2564(a))
Periodic lease termination. 30 days for the Month-to-Month lease (§ 58-2570(b))
Eviction process. Evictions article 38, § 61-3801—§ 61-3808
When is Rent Late in Kansas?
If the lease agreement doesn’t state otherwise, the rent is due on the first day of each pay period. That is usually the first day of the month. Therefore, if the rent remains unpaid on the second day of the month, the landlord can initiate the eviction process by sending an eviction notice to the tenant, requiring him to pay the due rent or vacate the property.
The Kansas Statute doesn’t provide a grace period for the rent payment, nor does it delay the rent payment during the weekend or legal holidays.
Grounds for Eviction in Kansas
The landlord can initiate eviction proceedings against the tenant for the following reasons:
Grounds for Eviction
If the tenant fails to pay the rent on time
In case they violate the lease agreement or the landlord-tenant laws
If they use the property for illegal activities or commit an illegal activity at the property
When the landlord wants to terminate the tenancy at will or the periodic (week-to-week or month-to-month) tenancy
Eviction Process in Kansas
The eviction process in Kansas starts when the landlord issues the eviction notice to the tenant.
#1. Write a Notice
The landlord drafts a notice providing the reasons for the eviction, a deadline by which the tenant must leave the property, and, optionally, ways to remedy the violation. The landlord should deliver the notice to the tenant in person or via certified mail and should make sure to have proof of delivery of the notice to the tenant.
#2. File the Complaint
If the tenant doesn’t comply with the landlord’s requests in the eviction notice, the landlord can initiate the eviction before the Kansas court by filing a Petition for Eviction with the court’s clerk. When filing the complaint, the landlord should also provide a copy of the eviction notice along with proof of service to the tenant.
#3. Serve the Tenant
After the landlord submits the complaint, the court forwards it to the tenant, informing them that there is an eviction lawsuit filed against them and giving them instructions about the next steps in the eviction process. The tenant should be informed about the process at least three days before the court hearing.
#4. Wait for Court’s Judgment
The tenant has the option to either appear before the court in person or submit a written answer to the court, stating their arguments against the landlord's claims.
The court can schedule a second hearing within 14 days of the initial hearing, after which it makes a final decision. Finally, the court issues the Writ of Restitution, which authorizes the forceful removal of the tenant from the property.
Other Eviction-Related Forms in Kansas
Other Eviction-Related Forms
Civil Cover Sheet. The landlord must submit this form along with the complaint for the eviction. This form provides basic information about the type of complaint, the plaintiff, and the defendant.
Complaint Form (Petition for Eviction). The landlord uses this form to initiate the eviction lawsuit before the court. Once they fill it out, the landlord files it with the court’s clerk.
Summons. This document informs the tenant about the legal proceedings that the landlord initiated against them and about the hearing date.
Writ of Restitution. This form serves as a final notice to the tenant to vacate the property and gives authority to the sheriff to remove the tenant from the property.
Eviction Information for Landlords in Kansas
The landlord in Kansas cannot take any actions that are deemed illegal under the Kansas eviction rules. These activities include:
Eviction Information for Landlords
Changing the locks at the rental unit
Shutting off essential utilities like water, electricity, or heating
Removing the tenant’s belongings from the rental unit
Initiating the eviction as a retaliatory measure for the tenant’s legitimate actions
Eviction Information for Tenants in Kansas
When they receive the eviction notice, the tenant should look for the reasons for the eviction as well as the deadline by which they must vacate the property.
The tenant can fight the eviction if the landlord didn’t provide a reason for the eviction or if they stated a reason that is not a reason for the eviction under the Kansas landlord-tenant law.
How to Write an Eviction Notice in Kansas
Kansas Eviction Notice Checklist
Kansas Eviction Notice FAQ
You can file an eviction notice for every violation provided as the reason for the eviction under Kansas landlord-tenant law. That can be rent non-payment, violation of the lease agreement, or termination of the periodic tenancy.
You need the eviction notice to inform the tenant of your intention to terminate the lease agreement and give them the option to voluntarily leave the property. Moreover, a copy of the delivered eviction notice must be submitted to the court’s office when filing an eviction lawsuit.
In Kansas, this process can take between 3 weeks and 3 months, depending on the following factors:
Type of the lease
The reason for the eviction
Tenant’s action in the eviction process (objecting to the eviction or leaving the property voluntarily)
If the lease term is shorter than 3 months and the reason for the eviction is rent non-payment, a 3-day eviction notice is legal. If there is some other reason for eviction, the landlord must issue a longer notice for the tenant to leave the property.