Updated August 18, 2022
A Kansas eviction notice is a letter given to a tenant by a landlord when the terms of the lease have been broken. The landlord will issue the notice to quit along with the specified violation and statutory time period the tenant has to fix the issue. If the issue is not fixed, the landlord will be forced to pursue an eviction action against the tenant.
By Type (5)
3-Day Notice to Quit (
Non-Payment
)
– For tenancies of
less than 3 months
.
Download: Adobe PDF , MS Word (.docx) , OpenDocument
10-Day Notice to Quit (
Non-Payment
)
– For tenancies of
3 months or longer
.
Download: Adobe PDF , MS Word (.docx) , OpenDocument
14-Day Notice to Quit (
Non-Compliance
)
– The tenant has 14 days to correct the lease violation. If they do not correct the issue, they will have 30 days to vacate the premises.
Download: Adobe PDF
30-Day Notice to Quit (
2nd Non-Compliance
)
– A tenant is given this notice if they have violated their lease in the same manner for the
2nd time in the last 6 months
. There is no option for the tenant to remediate and they shall be forced to move within one (1) month.
Download: Adobe PDF
30-Day Notice to Quit (
Month-to-Month Tenancy
)
– For all tenancy at wills in Kansas the landlord or tenant must provide at least thirty (30) days’ notice in order to cancel the arrangement.
Download: Adobe PDF , MS Word (.docx) , OpenDocument
Table of Contents |
Eviction Laws
- Rent Grace Period: Rent is due as indicated in lease agreement. § 58-2545
- Non-Payment of Rent: 10 days. § 58-2507
- Non-Compliance: 14 days. § 58-2564
- Termination (Month-to-Month Lease): 30 days. § 58-2570
- Eviction Lawsuit: Evictions. § 61-3801 – § 61-3808
Court Forms
Civil Cover Sheet – This document must be filed along with the Petition for Eviction. It provides a brief description of the case.
Petition for Eviction – This is the document that the landlord uses to initiate an eviction any type of eviction action. It is to be filed with the Clerk of Court.
Summons – Following the filing of a Petition for Eviction, the court will produce a Summons which will be served on the tenant indicating that they are being sued and that they must appear in court.
Journal Entry of Judgment – This is a document completed by the judge handling the case that indicates that the plaintiff should be awarded immediate possession of the property. It is to be served on the tenant following the hearing with a Certificate of Service.
Writ of Restitution for Immediate Possession – This document also gives permission to the Sheriff’s Department to remove the tenant only it demands that they do so immediately.
Certificate of Service – The Certificate of Service is used to prove that a document was served on the defendant.
When Rent is Due
Rent is due on the date agreed upon in the lease agreement . A late fee may begin being charged the day after rent is due in addition to any notice to quit (for non-payment) being sent to the tenant. ( § 58-2545 ).
How to Evict (Process)
Step 1 – Before going to court to have a tenant removed from his or her property, a landlord must provide requisite written notice to the tenant of his or her intentions to seek a legal remedy for non-compliance with the terms of the lease. Written notice must be delivered in person, posted in a conspicuous place, or mailed by certified mail. If mailed, add two days to the notice requirement. There are different notice forms available depending on the reason for seeking eviction:
- 3-Day Notice to Quit (Non-Payment)
- 10-Day Notice to Quit (Non-Payment)
- 14-Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (2nd Non-Compliance)
- 30-Day Notice to Quit (Month to Month)
Step 2 – If the tenant fails to respond to the notice then the landlord may begin the eviction proceedings. This will begin with the completion of the Civil Cover Sheet and the Petition for Eviction (1 original and 2 copies for every tenant). The Petition for Eviction must be signed by the landlord in the presence of a Notary Public .
All forms must be filed in the District Court of the County where the property is located. There will be a filing fee that is set by each jurisdiction.
Step 3 – After the filing, the landlord must obtain the Summons (1 original and 2 copies) from the Clerk. This will state the Court Hearing Date and this form must be served on the tenant (defendant) along with the Petition for Eviction by the County Sheriff.
Step 4 – After the hearing, the landlord must complete the Journal Entry of Judgment (1 original and 2 copies) and send it to the tenant along with the Certificate of Service .
Step 5 – If the tenant remains on the property after the judgment the landlord has the option of filing the Writ of Restitution (1 original and 2 copies) which will get the County Sheriff involved and the tenant will be removed within ten (10) days.
Step 6 – If after the tenant has been removed from the premises they may seek additional damages by filing a Motion which must be filed with the Court and sent to the tenant via the attached Certificate of Service.
Video
How To Write (Notice To Quit)
1 – Notice Information
You will need the Signed Lease Agreement in your possession for easy reference as the information it contains must be reported accurately. The Notice may be downloaded directly to your machine using the buttons on this web page. You may find the buttons “PDF,” “ODT,” and “Word” located on the right. Each one will define the file type available.
2 – Recipient of Document
Report the Full Name of the Tenant or Subtenant who should be considered the Recipient of this document on the blank line below the words “Kansas Notice to Quit.”
3 – Defining the Lease and the Property
The Rental Property this Notice refers to must be documented by reporting the Physical Location as it is defined in the Lease. Starting with the blank space after the words “City of,” report the City, County, Zip Code, Building Number/Street, and Apartment Number of the residence this Notice concerns itself with.
Locate the words “signed on…” then enter the Calendar Day of the Month the Lease was Signed.
On the space following the term “day of,” enter the Month the Lease was Signed. Lastly, on the next blank space, enter the Year the Lease was signed.
4 – Action Notification
Next, the Tenant or Subtenant must be informed of the action(s) involved with this document along with the reason for its issuance.
Choose the checkbox labeled “Nonpayment,” “Noncompliance (1st Offense),” “Noncompliance,” or Month to Month Tenancy.” You must choose one of these checkboxes to name the requirements of this Notice.
Choose “Nonpayment” to inform the Tenant he or she has ten days to pay the Landlord or the Authorized Agent you identify the Dollar Amounts reported here for the Time Period you define as being delinquent. If the Amount Due is not received from the Tenant or Subtenant the Landlord will expect to receive the property within ten days of receipt of this document. (Note: If the terms of the Lease are less than three months, the Tenant will only be given three days).
Choose “Noncompliance (1st Offense),” if the Tenant has been noncompliant with Lease Terms to warrant his or her first official warning and will be given fourteen days to correct the problem before having to relinquish possession of the property to the Landlord, Owner, or Authorized Agent.
Choose “Noncompliance” if the Tenant is receiving his or her second official warning regarding a violation and is being given thirty days of receipt of this Notice to vacate the property. You must list the violation on the blank line in this statement.
Choose “Month to Month Tenancy – I am your Landlord…” if you are a Landlord informing a Tenant that his or her Monthly Lease Agreement will cease on the Date you list here. Note: This must allow for at least thirty days of receipt of this notice to pass before the termination occurs.
Choose “Month to Month Tenancy – I am your Tenant…” if you are a Tenant informing your Landlord the Monthly Lease Agreement you hold will cease on the Date you report in this statement. Make sure that at least thirty days pass between the Date of Receipt and the Date of Termination.
5 – Consequences of Noncompliance
The Landlord Signature line at the bottom of the block paragraph serves as verification of the Landlord’s intentions should the Tenant be noncompliant with this Notice. That is, the Landlord or an Authorized Agent of the Landlord must Sign this line.
6 – Delivery Agent Information
The Delivery Agent is the individual who is charged with making sure the intended recipient receives this document at the intended time. This individual must document the Date of Delivery and the Name of the Recipient in the statement directly below the words “Certificate of Service.” Below this the method of delivery must be indicated by the agent by checking the appropriate statement. This will define the recipient as the Tenant or Subtenant this Notice is addressed to or a reliable second party (i.e. co-worker, family member). If hand delivery is not possible, the third checkbox will be marked to indicate it has been mailed First Class.
