The Kansas ten (10) day notice to pay or quit is used to inform tenants that they must pay rent within ten (10) days or else they will be forced to vacate. The tenant may be served with the notice to pay or quit immediately after they neglect to pay rent by the due date (unless the lease specifies a grace period). If the tenant can pay the total sum within ten (10) days, the tenancy will not be terminated, and the tenant will retain possession of the rental unit. However, if the notice period expires and the tenant does not pay or vacate, the landlord will have the authorization to file
Kansas Eviction Notices – 3, 10, 14, and 30 Day Notices to Quit
The Kansas fourteen/thirty (14/30) day notice to comply or quit is used to inform a tenant of their lease violations, how to cure the violations, and when the lease agreement will terminate if they do not comply with the notice. The tenant will have fourteen (14) days to cure all non-compliances or the landlord will terminate the lease/rental agreement in thirty (30) days. If the tenant commits the same violations within six (6) months from the date of notice is received, the landlord can terminate the rental agreement with a 30-Day Notice to Quit (with no option to cure). Laws – § 58-2564(a) and §
The Kansas three (3) day notice to pay or quit is to be used by a landlord when a tenant refuses or neglects to pay their rent. Kansas law does not specify a grace period for rent payments. Therefore, the landlord is permitted to deliver the notice to the tenant on the day following the date rent is due. The tenant will be allowed three (3) days to either pay the total rent or vacate the dwelling. If the tenant does not pay their rent or move out within three (3) days, the lease will be terminated, and the landlord can file a Forcible Detainer (eviction lawsuit) to seek
The Kansas thirty (30) day notice to quit is only to be served to tenants that have committed a second lease violation within six (6) months of receiving the initial 14/30-Day Notice to Comply or 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 (30) days of being served with the notice. If the tenant does not vacate the premises within the notice period, the landlord can terminate the lease agreement and file an action for eviction in court. Laws
The Kansas thirty (30) day notice to quit is used by either the landlord or tenant to inform the other party of an impending lease termination. The tenant must vacate the rental unit within thirty (30) days after the letter is executed and served. If the tenant continues to occupy the dwelling past the thirty (30) day notice period, the landlord will need to file an eviction lawsuit in the district court where the tenant resides. The notice should be given directly to the other party or to another resident of the property who is above the age of twelve (12). If
How to Evict a Tenant (Process)
The Kansas eviction process begins with the landlord serving the tenant with a written notice outlining the eviction information (i.e., the reason the lease is being terminated, the date by which the premises must be vacated, whether or not the lease can be cured, etc.). The tenant must respond by either paying rent, correcting their non-compliances, or vacating the dwelling. Should they fail to comply, the landlord may attempt to reclaim possession of the premises by filing a Forcible Detainer, a.k.a. eviction lawsuit, with the district court.
Step 1 – Draft an Eviction Notice
A landlord cannot file an eviction lawsuit with the court unless the tenant has been given a written notice to vacate. The letter will need to be delivered to the tenant at least three (3) days before filing, though this period may be longer depending on the circumstance.
To start, the landlord should select the notice type corresponding to the reason for the eviction.
10-Day Notice to Pay or Quit – Used to evict for non-payment of rent (lease periods of three (3) months or longer only). The tenant must pay the total sum due or vacate within ten (10) days.
3-Day Notice to Pay or Quit – Used to evict for non-payment of rent (lease periods of less than three (3) month only). The tenant is required to vacate or pay rent in full within three (3) days.
14/30-Day Notice to Comply or Quit – Used when a tenant is non-compliant with the lease terms or tenant obligations. The tenant has either fourteen (14) days to cure their non-compliances or thirty (30) days to vacate.
30-Day Notice to Quit (2nd Non-Compliance) – Used to evict a tenant for committing a 2nd non-compliance within six (6) months of receiving the initial 14/30-Day Notice to Comply or Quit.
30-Day Notice to Quit – Used to terminate the tenancy of a month-to-month rental agreement without cause. The tenant must vacate within thirty (30) days.
Weekends, legal holidays, and days when the clerk’s office is unavailable shall be entered in the duration of the notice period.
Step 2 – Deliver the Notice to the Tenant
After selecting the proper eviction notice, the landlord must fill it in with the necessary information and serve it to the tenant. The completed letter must be personally delivered to the tenant or another resident of the dwelling who is above the age of twelve (12). If neither individual can be found, the notice can be posted to a conspicuous location of the dwelling or mailed to the address (if sending by mail, an additional two (2) days must be added to the notice period).
Step 3 – File a Petition for Eviction
The tenant will have until the final date of the notice period to either pay rent, correct their non-compliances, or vacate (options are dependant on the cause for eviction). Should the tenant pay their rent or rectify their violations before the notice period expires, the landlord’s right to evict will be waived, and the tenant will retain possession of the property.
If the tenant fails to adhere to the notice terms, the landlord may proceed by filing an eviction lawsuit with the district court of the county where the property resides. To accomplish this, the landlord must submit a Petition and Summons to the court. These forms can be filed directly with a district court office or online using the State’s eFiling service (see eFiling instructions). There will be an initial filing fee of about $56 to $125 depending on the amount of rent owed by the tenant.
Note: A landlord demanding a money judgment from the tenant should replace the original Petition with the Petition (Eviction & Rent).
Step 4 – Serve Court Papers to the Tenant
A clerk of the court will arrange a trial date for the eviction and subsequently provide this information on the Summons form. It will be the landlord’s responsibility to have copies of the Summons and Petition served to the tenant by the sheriff’s department or a private process server (the landlord cannot serve the papers). Depending on the policies of the court, the clerk will either submit both copies directly to the sheriff’s department for service or return them to the landlord. If the documents are returned, the landlord must make the proper arrangments to ensure the papers are served to the tenant. A service fee will be required for either of the options mentioned above.
Note: The Summons and Petition must be served to the tenant at least three (3) days before the trial.
Step 5 – Go to Preliminary Trial
Both parties must appear in court on the date and time scheduled by the clerk (this information is available on the Summons). Should the tenant fail to attend the trial, or if they admit to violating the lease or not paying rent, the judge will issue a judgment in favor of the landlord. However, if the tenant attends the trial and denies the allegations against them, a second trial will be scheduled for seven (7) to fourteen (14) days from the initial trial date.
Step 6 – Remove Tenant
After hearing the cases presented by both parties at the second trial, the judge will make a ruling and issue a judgment. If the landlord wins the case, they will need to prepare a Writ of Restitution and file it with the court (the Writ will permit the sheriff’s department to forcibly remove the tenant from the premises).
A clerk will send the Writ to the sheriff’s department after it has been filed and signed by a judge. The sheriff’s department will then arrange a time and date for someone to visit the dwelling and remove the tenant from the premises.