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 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 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, the eviction notice for tenants that do not pay rent in full and on time, is for tenancies of less than three (3) months. A 10 Day Notice to Quit is for nonpayment of rent in tenancies of three (3) months or longer. Regardless of the length of tenancy, the landlord can serve notice the day after rent is due. There is no legal grace period in Kansas, rent is late starting the day after it’s due.
Acceptable Forms of Service in Kansas
A landlord can deliver notices in Kansas using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age and discretion at the property AND mailing the notice by registered or certified mail with a return receipt;
- Posting the notice in a conspicuous place at the premises, such as the entry door, AND mailing the notice by registered or certified mail with a return receipt.
When sending the notice by registered or certified mail, add two (2) calendar days to the notice period to account for variability in post office delivery times.
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 & Lease Termination Notice Forms
|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|
- 1 KS Stat § 58-2508
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
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 KS Stat § 58-2510
Notice as required in the preceding sections 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.Source Link
- 4 KS Stat § 58-2564
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.Source Link