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Timeline. 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 (read more).
Introduction. In Kansas, in order for a landlord to have a valid eviction, there are rules and regulations they must follow. For instance, in most cases, a landlord must give the tenant notice of the violation or notice to vacate the premises. Below are the individual steps of the eviction process in Kansas.
Step 1: Notice is Posted
Landlords in Kansas can begin the eviction process for several reasons, including:
- Nonpayment of Rent – Once rent is past due, notice must be served giving the tenant the option to pay rent in order to avoid eviction.
- Violation of Lease Terms / Rental Agreement – If a tenant violates a provision of a written lease/rental agreement, the landlord must give the tenant the opportunity to correct the issue before moving forward with the eviction process.
- No Lease / End of Lease Term (Tenant at Will) – If there is no lease or the term of the lease has ended, the landlord does not need any additional reason to end the tenancy as long as proper notice is given.
- Retaliatory Evictions. It is illegal for a landlord to evict a tenant for complaining to the landlord or to the appropriate local or government agency regarding the property. It is also illegal for a landlord to evict a tenant for joining, supporting, or organizing a tenant organization or union.
- Evicting a Squatter. If the individual occupying the property didn’t have the landlord’s permission when moving in, and doesn’t have a lease (or verbal agreement), then Kansas landlords may proceed under the criminal trespass statutes once they have warned the individual to leave the property (read more).
Each possible ground for eviction has its own rules for how the process starts.
Eviction Process for Nonpayment of Rent
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to Kansas law, rent is considered late the day after it’s due; grace periods (if any) are addressed in the lease/rental agreement.
Once rent is past due, the landlord must provide tenants with a 3-Day Notice to Pay. This notice gives the tenant the option to pay the past due amount in full within three days in order to avoid eviction.
If the tenant does not pay the rent in full by the end of the notice period and remains on the property, the landlord may proceed with the eviction process with the court.
Eviction Process for Violation of Lease Terms / Rental Agreement
Kansas landlords must provide tenants with a 30-Day Notice to Comply, giving the tenant 14 days to correct or “cure” the issue or violation.
If the violation isn’t corrected within 14 days, the tenant will be required to move out at the end of the 30-day notice.
Typical lease violations under this category could include issues like negligently damaging the rental property, having people reside in the rental unit that aren’t on the lease or without the landlords approval or having a pet when there’s a no-pet policy.
Additionally, any violation of material health or safety could affect the tenant’s tenancy. Examples of material health or safety violations could include letting trash pile up inside the rental unit, providing a harbor for rodents or bugs, or even things like damaging the electrical wiring in the rental unit.
Illegal activity may also be included in this category.
If the tenant fails to correct the issue within the deadline and remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Note, if a tenant commits waste, a notice to quit is not necessary and the landlord may move forward with the eviction process.
Eviction Process for No Lease / End of Lease
In the state of Kansas, if tenants “holdover,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.
The amount of time required in the notice depends on the type of tenancy.
- Week-to-Week – If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 7-Day Notice to Quit.
- Less Than Three Months – If rent has been paid for three months or less, a landlord must provide the tenant with a 3-Day Notice to Quit.
- Year-to-Year – A landlord must provide the tenant with a 30-Day Notice to Quit.
- Furnished Rental Units – If the unit is furnished tenancy, a landlord must provide the tenant with a 10-Day Notice to Quit.
- Military Personnel – If a tenant is employed in the United States military, a tenant must provide the landlord with a 15-Day Notice to terminate the tenancy.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Step 2: Complaint is Filed and Served
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.
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 3: Court Hearing and 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 4: 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 5: Possession of Property is Returned
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
Below is a summary of the aspects outside of the landlord’s control that dictate the amount of time it takes to evict a tenant in Kansas. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays.
- Initial Notice Period – Between 3 and 30 days, depending on the notice type and reason for eviction.
- Issuance/Service of Summons and Complaint – At least three days prior to the eviction hearing.
- Court Hearing and Ruling on the Eviction – 3-28 days, depending on whether a follow-up hearing is held.
- Issuance of Writ of Restitution – A few hours to a few days.
- Return of Possession – Up to 14 days after the writ is received by the sheriff’s office.
Additional Information
Termination of Farm or Pastureland. Landlords who are leasing occupied farmland or pastureland must give the tenant a 30-Day Notice to Quit in writing at least 30 days prior to March 1st and the termination of the tenancy shall take place on March 1st.
If a fall seeded grain crop has just been planted, the notice shall be adjusted so the termination of tenancy date shall be the day after the last day of harvesting the crops or August 1st (whichever date comes first).
Tenant’s Defenses. Tenants may have valid reasons to fight the eviction lawsuit. Below are a number of defenses available to a tenant:
- The landlord gave improper written notice to the tenant.
- The landlord did not supply adequate living conditions (i.e. the rental unit didn’t have proper heat, water and utility services, etc).
- The eviction was in response to the tenant’s complaint to the local or state authorities about the landlord not complying with health and safety rules of the rental unit or for participating in a tenants’ rights union.
- The landlord pursued an eviction case due to the tenant’s religion, nationality, gender, family status, or disability.
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 §58-2564 (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.
- 3 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…
- 4 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.
- 5 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.
- 6 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.
- 7 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…
- 8 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.
- 9 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.