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Last Update July 21st, 2021
Kansas Eviction Notice Types
A legal eviction in Kansas can only be made for a number of acceptable reasons. This means that landlords must provide a valid basis along with the correct amount of days’ notice in order to comply with the legal eviction process within the state.
Not using the correct KS legal document, in this case, can lead to delays or even court dismissal of the eviction, so it is important to choose the right type.
3-Day Notice to Quit (Non-Payment)
If a tenant doesn’t comply with the rental payment schedule, the landlord may present them with a 3-Day Notice to Quit. This obliges them to pay rent or quit within 72 hours.
If the tenant complies and pays the rent then the notice will be nullified. If they refuse to pay or vacate the property, the landlord will be able to pursue the matter further through the courts.
10-Day Notice to Quit (Non-Payment)
This notice has to be used for tenancies with a duration of three months or longer. If the tenant doesn’t comply with the rental payment schedule, the landlord may present them with a 10-Day Notice to Quit. This obliges them to pay rent or quit within 10 days.
The tenant can remediate by paying the rent and the notice will be canceled. If they refuse to pay or vacate the property, the landlord will be able to pursue the matter in court.
14-Day Notice to Quit (Non-Compliance)
If the tenant commits a lease violation the landlord can issue a 14-Day Notice to Quit. This will give the resident 14 days to leave the property or to cure the problem that the landlord has raised (if allowed).
This can be conditional or unconditional depending on the severity of the infraction. In the case of an incurable notice, the tenant will have no chance to cure or fix the violation. If they refuse to comply within the time given, the landlord will then be able to file a court case against them.
30-Day Notice to Quit (2nd Non-Compliance)
If the tenant commits the same lease violation within a period of six months, the landlord can issue a 30-Day Notice to Quit. With this notice, there is no option for the tenant to remediate, and they shall be forced to leave the property within 30 days.
30-Day Notice to Quit (Month-to-Month)
30 Day-Notice to Quit documents are used to evict month-to-month tenants or those who don’t have a fixed lease without providing any given cause. This allows the landlord to inform the tenant that they must vacate the property within 30 days or face a legal challenge.
Kansas Eviction Laws
Your Kansas eviction notice must follow the state’s rental property laws, in order to be valid. There are a number of important requirements that are obligatory when proceeding with the eviction of a rental tenant.
An eviction in Kansas may only happen in the case of:
Nonpayment of rent (tenancies of less than 3 months): 3 days’ notice
Nonpayment of rent (tenancies of 3 months or longer): 10 days’ notice
First lease violation: 14 days’ notice
Second lease violation: 30 days’ notice
Termination of a month-to-month lease: 30 days’ notice
The KS eviction notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property and tenant. It must also clearly explain the reason the landlord wishes to terminate the lease and how long the resident has to comply with the notice.
Kansas Eviction Process
The KS eviction process must be followed precisely to ensure that the tenant is legally removed from the property. Therefore the landlord must take the correct steps and follow the right procedures, as detailed by Kansas’s state law. To correctly complete an eviction in Kansas, the landlord must do the following:
Step 1: Serve the tenant with a written statement giving a legally valid reason for the eviction and the correct amount of days’ notice for them to comply.
Step 2: If the tenant does not comply with the eviction notice the landlord can file a complaint with a local court and a summons will be served.
Step 3: The tenant and landlord can make their case in court. The presiding judge can then decide whether the eviction can proceed or not.
Step 4: If the judge rules in the landlord’s favor and the tenant still refuses to vacate, the owner may process a Writ of Restitution with the court clerk.
Step 5: When the Writ of Restitution has been processed the landlord may file the document with the county sheriff. The tenant will then have a short amount of time to leave before being forcibly evicted.
FAQs About Kansas Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Kansas’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in Kansas?
To successfully evict a tenant in Kansas state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days to comply and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a court. If the judge rules in their favor they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How Long Does It Take to Evict a Tenant in Kansas?
In many cases, a Kansas eviction can be completed in a couple of weeks. Once the eviction notice is served, the tenant will have between 3 - 30 days to vacate. If they comply, then the process will be over as soon as the notice period ends.
However, serving the eviction notice incorrectly can lead to delays in the process. Also, if the tenant refuses to vacate, eviction procedures can take somewhat longer. To go through the court process can take up to 3 months depending on how busy the district or housing court system is at the time.
How Many Days Notice Does a Landlord Need to Give in Kansas?
The notice period a landlord needs to give in Kansas always depends on their reason to evict. When a Kansas eviction notice is served it must provide the correct duration for the infraction or it won’t be valid. This can be as few as 3 days for a missed rental payment and up to 30 days when terminating a lease