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.
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.
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
In Kansas, all evictions follow the same process:
- Landlord serves tenant with written notice of violations
- Landlord files complaint with the court for unresolved violations
- Court serves tenant with summons and complaint
- Court holds a hearing and issues a judgment
- Writ of restitution is issued
- 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. Kansas landlords may deliver an eviction notice using any of the following methods:
- Hand delivery to the tenant
- Hand delivery to a person at least age 12 on the premises who can accept the notice on behalf of the tenant
- Delivery by registered or certified mail, to be proven by return receipt
- Only if no one can be found at the premises: Posting at a conspicuous place on the premises, such as the entry door
Mailed notice may extend a notice period by two (2) calendar days.
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.
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:
- 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
The summons and complaint must be served at least 3 days prior to the eviction hearing.
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.
A follow-up hearing will be scheduled within 3-28 days.
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.
When a landlord requests a writ of restitution, it could be issued anywhere between a few hours to a few days.
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 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 |
Sources
- 1 KS Stat §58-2564 (2019)
-
(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)
-
(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)
-
(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)
-
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)
-
…
(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)
-
(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)
-
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)
-
(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)
-
(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)
-
(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)
-
(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.
- 12 Kan. Stat. § 58-2510
-
Source Link
Notice as required in the preceding sections [relating to ordinary termination of tenancy] may be served on the tenant, or, if the tenant cannot be found, by leaving a copy thereof at the tenant’s usual place of residence, or by delivering a copy thereof to some person over 12 years of age residing on the premises, or, if no person is found upon the premises, by posting a copy of the notice in a conspicuous place thereon, or by registered mail, registered mail return receipt requested, or certified mail, return receipt requested, addressed to the tenant at the tenant’s usual place of residence. Proof of service by registered mail may be by the affidavit of the person mailing such notice or by the return receipt. Proof of service by certified mail may be by the return receipt.
- 13 Kan. Stat. § 58-2564(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. The three-day notice period provided for in this subsection shall be computed as three consecutive 24-hour periods. When such notice is served on the tenant or to some person over 12 years of age residing on the premises, or by posting a copy of the notice in a conspicuous place thereon, the three-day period shall commence at the time of delivery or posting. When such notice is delivered by mailing, an additional two days from the date of mailing should be allowed for the tenant to pay such tenant’s rent and thereby avoid having the rental agreement terminated.
Source Link
