Kansas Eviction Process

Kansas Eviction Process

Last Updated: December 27, 2023 by Phil Ahn

Evicting a tenant in Kansas can take around 3 weeks to 3 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
  • Committing illegal activity

Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.

Grounds Notice Period Curable?
Nonpayment of Rent 3 Days Yes
End of Lease or No Lease 30 Days No
Lease Violation 30 Days Yes
Repeat Lease Violation 30 Days No

Nonpayment of Rent

In Kansas, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 3 days’ notice to quit, which gives the tenant the option to pay the balance due or move out.

Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Kansas the day immediately after its due date. Kansas landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.

example

If rent is due on September 1st, it will be considered late starting on September 2nd, unless the lease specifically states there is a grace period.

If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

note

If the notice is delivered by mail, the tenant will have an additional 2 days from the date of mailing to pay the balance or move out.

End of Lease or No Lease

In Kansas, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, the landlord must first terminate the tenancy by giving the tenant a proper 30-days’ notice to move out.

If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Lease Violations

In Kansas, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Kansas landlord-tenant law. To do so, the landlord must first serve the tenant a 30 days’ notice to comply or vacate.

The tenants have a chance to fix the issue within 14 days, but if they fail to comply, they must move out within 30 days.

Examples of lease violations include:

  • Violating a material health or safety code
  • Allowing an unauthorized pet or guest to reside on the premises
  • Using the fixtures or appliances in an unreasonable or unsafe manner
  • Refusing to give the landlord access to the rental unit
  • Causing minor property damage

If the tenant does not fix the issue within 14 days or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Repeat Lease Violations

In Kansas, a landlord can evict a tenant for repeating the same or a similar lease violation during the lease term. To do so, the landlord must first serve the tenant a 30 days’ notice to quit. The tenant does not have the option to fix the issue and must move out within the 30-day period.

If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

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

A landlord is not allowed to attempt 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

    Read More

    Eviction notice posted on iPropertyManagement.com

    In Kansas, all evictions follow the same process:

    1. Landlord serves tenant with written notice of violations
    2. Landlord files complaint with the court for unresolved violations
    3. Court serves tenant with summons and complaint
    4. Court holds a hearing and issues a judgment
    5. Writ of restitution is issued
    6. Sheriff returns property to landlord

    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 using any of the following methods:

    1. Handing the notice to the tenant in person
    2. 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
    3. 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
    tip

    Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.

    3-Day Notice to Quit

    In Kansas, if a tenant is late on paying rent (full or partial), the landlord can serve them a 3-Day Notice to Quit. This eviction notice gives the tenant 3 days to pay the balance due or vacate the premises.

    30-Day Notice to Vacate

    For a tenant with no lease or a month-to-month lease in Kansas, the landlord can serve them a 30-Day Notice to Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 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 Comply or Vacate

    In Kansas, if a tenant commits a lease violation or does not uphold their legal responsibilities, the landlord can serve them a 30-Day Notice to Comply or Vacate.

    This eviction notice gives the tenant a chance to fix the issue within 14 days, otherwise the tenant must move out within 30 days (at the end of the notice period).

    30-Day Notice to Quit

    In Kansas, if a tenant repeats the same or a similar lease violation during the lease term, the landlord can serve them a 30-Day Notice to Quit. This eviction notice gives the tenant 30 days to move out without the chance to fix the issue.

    Eviction Complaint Filed on iPropertyManagement.com

    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 and 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:

    1. Giving a copy to the tenant in person
    2. Leaving a copy with someone who lives at the rental unit and who is over the age of 12
    3. 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
    4. Mailing via certified mail, priority mail, overnight mail, or other mailing service as long as a return receipt is received
    note

    The summons and complaint must be served at least 3 days prior to the eviction hearing.

    Eviction Court Hearing on iPropertyManagement.com

    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.

    note

    A follow-up hearing will be scheduled within 3-28 days.

    Eviction Writ of Restitution on iPropertyManagement.com

    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.

    note

    When a landlord requests a writ of restitution, it could be issued anywhere between a few hours to a few days.

    Eviction property possession returned on iPropertyManagement.com

    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

    Kansas Eviction Process Flowchart on iPropertyManagement.com

    Kansas Eviction Court Fees

    The average cost of an eviction in Kansas for all filing, court, and service fees is $65. However, the cost of the eviction varies heavily on the claim amount. Eviction lawsuits shall be filed in the District Court where the dwelling unit is located.

    Fee District
    Initial Court Filing $35+
    Summons Service $15
    Writ of Restitution Service $15
    Notice of Appeal Filing (Optional) $145

    Read more

    Sources