Kansas Eviction Process

Last Updated: October 21, 2021 by Elizabeth Souza

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).

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

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 leave 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:

  1. 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.
  2. 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.
  3. 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.
NOTES
  • 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.

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Eviction Process for Violation of Lease Terms / Rental Agreement

A tenant can be evicted in Kansas if they do not uphold their responsibilities and obligations under the terms of a written lease/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.

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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.

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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:

  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.

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

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.

3-28 days, depending on whether the judicial officer decides a follow-up hearing is necessary in order to determine whether the tenant should be evicted.

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.

A 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.

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.

Approximately 14 days. The sheriff’s office is required to remove the tenant within 14 days of receiving the writ of restitution.

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.

  1. Initial Notice Period – Between 3 and 30 days, depending on the notice type and reason for eviction.
  2. Issuance/Service of Summons and Complaint – At least three days prior to the eviction hearing.
  3. Court Hearing and Ruling on the Eviction – 3-28 days, depending on whether a follow-up hearing is held.
  4. Issuance of Writ of Restitution – A few hours to a few days.
  5. Return of Possession – Up to 14 days after the writ is received by the sheriff’s office.
Questions? To chat with a Kansas eviction attorney, Click here

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).

Tenants Defenses for Eviction Cases. 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.