Kansas Eviction Process

Kansas Eviction Process

Last Updated: August 22, 2022 by Elizabeth Souza

Steps of the eviction process in Kansas:

  1. Landlord serves tenant written notice.
  2. Landlord files complaint with court (if unresolved).
  3. Court serves tenant with summons & complaint.
  4. Court holds hearing & issues judgment.
  5. Writ of restitution is issued.
  6. 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.

Questions? To chat with a Kansas eviction attorney, click here

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.
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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.

Eviction notice posted on iPropertyManagement.com

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:

  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.

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.

Questions? To chat with a Kansas eviction attorney, click here

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.

Eviction Summons Complaint Served   on iPropertyManagement.com

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:

  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; or
  4. Mailing via certified mail, priority mail, overnight mail, or other mailing service as long as a return receipt is received.

Clock   on iPropertyManagement.com3 days. 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.

Clock   on iPropertyManagement.com3-28 days, depending on whether the judicial officer decides a follow-up hearing is necessary in order to determine whether the tenant should be evicted.

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.

Clock   on iPropertyManagement.comA few hours to a few days, the landlord must request the writ of restitution, but it could be issued the same day as the hearing.

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.

Questions? To chat with a Kansas eviction attorney, click here

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

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.

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