Steps of the eviction process in Kansas:
- Landlord serves tenant written notice.
- Landlord files complaint with court (if unresolved).
- Court serves tenant with summons & complaint.
- Court holds hearing & issues judgment.
- Writ of restitution is issued.
- Sheriff returns property to landlord.
Evicting a tenant in Kansas can take around three weeks to three months, depending on the eviction type, and whether a follow-up hearing is held.
Grounds for an Eviction in Kansas
In Kansas, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms or not upholding responsibilities under Kansas law. Even so, proper notice must first be given before ending the tenancy.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 3 Days | Yes |
| End of / No Lease | 30 Days | No |
| Lease Violation | 30 Days | Maybe |
Eviction for Nonpayment of Rent
In Kansas, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 3 days’ notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Kansas the day immediately after its due date. So for example, if rent is due on the first of the month, it is considered late starting on the second of the month (if not paid in full). There is no right to a legal grace period (i.e., five days) or exceptions for weekends or court-observed holidays.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
Eviction for No Lease or End of Lease
In Kansas, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month).
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Eviction for Violation of Lease or Responsibilities
In Kansas, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Kansas landlord-tenant law. In all lease violation instances, the tenant is allowed to fix (“cure”) the issue to avoid removal. If a lease violation is committed, the landlord must give 30 days’ notice to cure or vacate. This gives the tenant 14 days to fix the issue. If the issue is not fixed within 14 days, the tenant must vacate at the end of the 30-day period.
Tenant responsibilities include:
- Complying with building and housing codes that materially affect health and safety.
- Keeping the premises clean and safe.
- Removing trash and garbage in a safe manner.
- Keeping all plumbing fixtures clean.
- Using appliances in a reasonable manner.
- Not damaging, destroying or removing any part of the premises.
- Not disturbing other tenants or neighbors.
Examples of lease violations include:
- Violating a material health or safety code/rule (i.e., letting trash pile up, damaging the electrical wiring).
- Having an unauthorized pet or guest.
- Parking in an unauthorized area.
- Committing illegal activity.
Illegal Evictions in Kansas
In Kansas, any of the below is illegal. If found liable, the landlord could be required to pay the tenant an amount equal to one and one-half months’ rent or the damages the tenant sustained, whichever amount is greater.
“Self-Help” Evictions
No matter the situation, a landlord is not allowed to forcibly remove a tenant by:
- Changing the locks.
- Shutting off utilities.
- Removing tenant belongings.
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining to a governmental agency responsible for enforcing a building or housing code of a violation materially affecting health and safety.
- Complaining to the landlord of a building or housing violation.
- Organizing or becoming a member of a tenant’s union or similar organization.
Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in Kansas by serving the tenant with written notice. The notice must be delivered by one of the following methods:
- Giving a copy to the tenant in person.
- Leaving a copy with someone who lives at the rental unit and who is over the age of 12.
- Leaving a copy at the rental unit AND mailing via first class mail a notice that the summons and complaint were left at the rental unit.
- Mailing via certified mail, priority mail, overnight mail, or other mailing service as long as a return receipt is received.
It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.
3-Day Notice to Pay or Quit
If a tenant is late on paying rent (full or partial) in Kansas, the landlord can serve them a 3-Day Notice to Pay or Quit. This notice gives the tenant 3 calendar days to pay the entire remaining balance or vacate the premises.
30-Day Notice to Quit
For a tenant with no lease or a month-to-month lease in Kansas, the landlord must serve them a 30-Day Notice to Quit end the tenancy. This eviction notice allows the tenant 30 calendar days to move out.
For tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Year-to-Year | 30 Days |
30-Day Notice to Cure or Vacate
In Kansas, if a tenant commits a lease violation or does not uphold their legal responsibilities as a tenant, the landlord can serve them a 30-Day Notice to Cure or Vacate.
If the issue is not fixed within 14 days, the tenant will be required to move out at the end of the 30-day notice. This eviction notice gives the tenant 14 calendar days to fix the issue or move out.
Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, Kansas landlords must file a complaint in the appropriate court. For example, in Johnson County, the filing fee ranges between $55.50-$121.50 and an additional $15 in sheriff’s fees.
Step 3: Court Serves Tenant with Summons & Complaint
The summons and complaint may be served on the tenant by the sheriff of the county at least three days prior to the eviction hearing, through one of the following methods:
- Giving a copy to the tenant in person;
- Leaving a copy with someone who lives at the rental unit and who is over the age of 12;
- Leaving a copy at the rental unit AND mailing via first class mail a notice that the summons and complaint were left at the rental unit; or
- Mailing via certified mail, priority mail, overnight mail, or other mailing service as long as a return receipt is received.
Step 4: Court Holds Hearing & Issues Judgment
The initial hearing must be held within 3-14 days of the date the summons was issued.
Tenants have the option to either appear in person at the initial hearing or file a written answer to the complaint, objecting to the eviction.
If the judicial officer needs more information to make a ruling, a second hearing will be held within 14 days of the date of the initial hearing. Continuances will only be granted if the tenant pays a bond into the court.
If the judge rules in favor of the landlord at either the initial hearing or a follow-up hearing, a writ of restitution will be issued, and the eviction process will continue.
Step 5: Writ of Restitution Is Issued
The writ of restitution is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove the tenant.
If the court has ruled in the landlord’s favor, the landlord must ask the court to issue a writ of restitution. This could be done the same day as the hearing. The writ of restitution shall be executed within 14 days after the tenant receives the notice.
Step 6: Sheriff Returns Property to Landlord
The sheriff’s office must forcibly remove the tenant from the rental property within 14 days of receiving the writ of restitution from the court, if the tenant hasn’t already moved out of the rental unit before then.
Kansas Eviction Process Timeline
In Kansas, an eviction can be completed in 3 weeks to 3 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Kansas eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 3-30 Calendar Days |
| Court Issuing/Serving Summons | ~3 Business Days |
| Court Ruling | 3-28 Business Days |
| Court Serving Writ of Restitution | 1-3 Business Days |
| Final Notice Period | 1-14 Days |
Flowchart of Kansas Eviction Process
For additional questions about the eviction process in Kansas, please refer to the official legislation, Kansas Statutes §58-2540 to 58-2573, §61-3801 to 61-3808, and §60-303, for more information.
Sources
- 1 KS Stat §58-2564 (2019)
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(b) 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.
- 2 KS Stat §58-2570 (2019)
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(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days prior to the termination date specified in the notice. (b) …terminate a month-to-month tenancy by a written notice given to the other party stating that the tenancy shall terminate upon a periodic rent-paying date not less than 30 days after the receipt of the notice…
- 3 KS Stat §58-2564 (2019)
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(a) …if there is a material noncompliance by the tenant with the rental agreement or a noncompliance…materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice, if the breach is not remedied in 14 days.
- 4 KS Stat § 58-2563 (2021)
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If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than one and one-half (1 1/2) months’ periodic rent or the damages sustained by the tenant, whichever is greater.
- 5 KS Stat § 58-2572 (2021)
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…
(1) The tenant has complained to a governmental agency, charged with responsibility for enforcement of a building or housing code, of a violation applicable to the premises materially affecting health and safety; or
(2) the tenant has complained to the landlord of a violation under K.S.A. 58-2553; or
(3) the tenant has organized or become a member of a tenants’ union or similar organization.
(b) If the landlord acts in violation of subsection (a) of this section, the tenant is entitled to the remedies provided in K.S.A. 58-2563 and has a defense in an action against such tenant for possession.
- 6 KS Stat §60-303 (2019)
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(b) The sheriff of the county in which the action is filed must serve any process by any method authorized by this section, or as otherwise provided by law, unless a party, either personally or through an attorney, notifies the clerk that the party elects to undertake responsibility for service.
- 7 KS Stat §61-3805 (2019)
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The time stated in the summons requiring the defendant to appear in response to the petition shall be determined by the court. Such time shall be not less than three nor more than 14 days after the date the summons is issued.
- 8 KS Stat §60-303 (2019)
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(d)(1)(A) …by delivering…a copy…to the person to be served. (B)…by leaving a copy…at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there. (C)… by leaving a copy …at the individual’s dwelling…and mailing to the individual by first-class mail, postage prepaid, a notice that the copy has been left at the individual’s dwelling or usual place of abode.
- 9 KS Stat §60-303 (2019)
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(c) (1) Service of process may be made by…certified mail, priority mail, commercial courier service, overnight delivery service…evidenced by a written or electronic receipt …(c)(5) If the sealed envelope is returned with an endorsement showing refusal to accept delivery, the sheriff, party or the party’s attorney may send a copy…by first-class mail, postage prepaid, addressed to the party to be served…
- 10 KS Stat §61-3807 (2019)
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(a) If a trial is necessary, the trial shall be conducted within 14 days after the appearance date stated in the summons. (b) No continuance shall be granted unless the defendant requesting a continuance shall file a bond…approved by the court, conditioned for the payment of all damages and rent that may accrue if judgment is entered against the defendant.
- 11 KS Stat §61-3808 (2019)
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(b) The writ of restitution shall be executed within 14 days after the person named in the writ receives it, and that person shall file a return as with other writs under the code of civil procedure for limited actions. The person serving the writ may use such reasonable force as is necessary to execute the writ.
