In Kansas, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Kansas?
In Kansas, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Kansas?
In Kansas, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
A 3 Day Notice To Quit is the eviction notice for tenants, with a tenancy of less than three (3) months, that do not pay rent in full and on time. A 10 Day Notice To Quit is for tenants with a tenancy of three (3) months or longer. The landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Kansas, rent is late starting the day after it’s due.
Acceptable Forms of Service in Kansas
Kansas landlords may deliver an eviction notice using any of the following methods:
- Hand delivery to the tenant
- Hand delivery to a person at least age 12 on the premises who can accept the notice on behalf of the tenant
- Delivery by registered or certified mail, to be proven by return receipt
- Only if no one can be found at the premises: Posting at a conspicuous place on the premises, such as the entry door
Mailed notice may extend a notice period by two (2) calendar days.
Obtaining Proof of Service in Kansas
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Certified or Registered Mail – via a return receipt and by completing a Declaration of Service at the time of mailing
- Posting at the Premises – by taking a photograph and completing a Declaration of Service at the time of delivery
Kansas Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 3 Day Notice To Quit | Eviction for Unpaid Rent
(Tenancy of Less than 3 Months) |
| 10 Day Notice To Quit | Eviction for Unpaid Rent
(Tenancy of 3 Months or Longer) |
| 30 Day Notice To Comply or Vacate | Eviction for Lease Violation |
| 30 Day Notice To Quit | Eviction for Repeat Lease Violation |
| 7 Day Notice To Vacate | Ending a Weekly Lease |
| 30 Day Notice To Vacate | Ending a Monthly or Yearly Lease / No Lease |
Sources
- 1 KS Stat § 58-2508
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Termination of tenancy of less than three months for nonpayment of rent; notice. If a tenant for a period of less than three months shall neglect or refuse to pay rent when due, three days’ notice in writing to quit shall determine the same, unless such rent be paid before the expiration of said three days.
Source Link - 2 KS Stat § 58-2507
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If a tenant for a period of three months or longer neglect or refuse to pay rent when due, ten days’ notice in writing to quit shall determine the lease, unless such rent be paid before the expiration of said ten days.
Source Link - 3 Kan. Stat. § 58-2510
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Notice as required in the preceding sections [relating to ordinary termination of tenancy] may be served on the tenant, or, if the tenant cannot be found, by leaving a copy thereof at the tenant’s usual place of residence, or by delivering a copy thereof to some person over 12 years of age residing on the premises, or, if no person is found upon the premises, by posting a copy of the notice in a conspicuous place thereon, or by registered mail, registered mail return receipt requested, or certified mail, return receipt requested, addressed to the tenant at the tenant’s usual place of residence. Proof of service by registered mail may be by the affidavit of the person mailing such notice or by the return receipt. Proof of service by certified mail may be by the return receipt.
- 4 Kan. Stat. § 58-2564(b)
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The landlord may terminate the rental agreement if rent is unpaid when due and the tenant fails to pay rent within three days, after written notice by the landlord of nonpayment and such landlord’s intention to terminate the rental agreement if the rent is not paid within such three-day period. The three-day notice period provided for in this subsection shall be computed as three consecutive 24-hour periods. When such notice is served on the tenant or to some person over 12 years of age residing on the premises, or by posting a copy of the notice in a conspicuous place thereon, the three-day period shall commence at the time of delivery or posting. When such notice is delivered by mailing, an additional two days from the date of mailing should be allowed for the tenant to pay such tenant’s rent and thereby avoid having the rental agreement terminated.
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