The Kansas thirty (30) day notice to quit, lawful through Statute 58-2570, is used for month-to-month tenancies. The notice informs the tenant that they have thirty (30) days to vacate the rental unit. If the tenant does not comply with the notice (i.e. fails to vacate or “quit”), then the landlord can file an eviction lawsuit. The notice can also be used by a tenant to inform their landlord of their intention to terminate the lease/rental agreement. The notice should be served personally, however it can also be sent via certified mail (a second copy should also be posted on
The Kansas eviction process starts with the landlord issuing notice for either the tenant’s lack of payment or if the landlord has decided to terminate tenancy in accordance with month to month lease regulations. If the tenant has not acknowledged either form while refusing to vacate the premises, the landlord may proceed with filing the forms in the Pro-Se Eviction Packet and Instructions.
NonCompliance Laws – 14 days to cure, 30 days to vacate § 58-2564
Month to Month Laws – 30 days § 58-2570
Forcible Entry and Detainer Laws – Chapter 61, Article 38
The Kansas thirty (30) day notice to quit, legal by Statute 58-2564, is only to be served to tenants that have committed a second lease violation within six months from being served an initial fourteen/thirty (14/30) day notice to cure/quit. The thirty (30) day notice to quit does not give the tenant any chance to cure the violation, they are required to vacate the rental property within thirty days of being served with the notice. If the tenant does not vacate the premises within thirty days, the landlord can terminate the lease agreement and file an action for eviction in court.
The Kansas 14/30 day notice to quit or cure, in association with § 58-2564, is used to inform a tenant of their lease violation(s), how to cure the violation(s), as well as when the lease agreement will terminate if they do not comply with the notice. The notice states that the tenant will have fourteen (14) days to cure the violation(s), or the landlord will terminate the lease/rental agreement in thirty (30) days. If the tenant commits the same violation(s) within 6 months from date of being served this notice, the landlord can terminate the rental agreement (with no option
The Kansas ten (10) day notice to quit, for tenancies lasting longer than three (3) months in accordance with Statute 58-2507, is used by landlords to notify a tenant that they have ten (10) days to either pay rent or move out of the rental unit. The ten (10) day requirement is reserved for tenancies that are more than three months old. Serve the notice to the tenant personally (if possible), otherwise send a copy via certified mail and then post another copy in a conspicuous location on the premises of the rental property. How to Write Step 1 –
The Kansas three (3) notice to quit, established by § 58-2508 for tenancies less than three (3) months, is to be served to tenants that have failed to pay rent. The notice informs the tenant that they have three (3) days to either pay the rent or vacate the rental unit. If they do not pay rent within the three day time period, the landlord can terminate the lease agreement and file an eviction lawsuit in court. If the tenant does pay the rent in less than three days, the landlord cannot file an action for eviction because the case would
How to Evict a Tenant (Process)
Step 1 – Evicting a tenant in Kansas is comprised of four major steps. The first step is to serve the tenant with a notice to quit. Tenancies that are over three months old require a ten (10) day notice, and tenancies less than three months old require a three day notice. Month-to-month tenancies have a minimum thirty (30) days notice period. Tenants who have committed lease violations must receive a 14/30 day notice to “cure” or quit. If they commit the violation(s) for a second time, the landlord can issue a thirty (30) day notice to quit (with no option to fix/cure the violations). The notice should be served personally to the tenant, however it can also be sent through certified mail and posted on the front door of the rental unit.
Step 2 – After the tenant has been served the proper notice, they must either comply with the demands stated within the notice (i.e. pay the rent, vacate the rental unit, cure the violations, etc.) or the lease agreement will be terminated. Only after the tenant has failed to comply with the notice can the landlord file an eviction action (aka “forcible detainer”) in court. The forcible detainer is comprised of a “Summons” and a “Petition.” The forcible detainer is filed with the court clerk, who then assigns a case number and trial/hearing date.
Step 3 – At the trial/hearing, the judge will issue a judgement in favor of the landlord or tenant. If in the favor of the landlord, the tenant will typically have to pay back rent as well as give up possession of the rental property. The tenant can file an appeal no more than five (5) business days after the initial judgement. If the tenant wins the case, the eviction lawsuit will be dismissed.
Step 4 – If no appeal is filed, a “Writ of Restitution” will most likely be issued by the court. This document provides legal authority to the Sheriff to remove the tenant from the rental premises. The property of the defendant (i.e. tenant) will be inventoried under a court order.