A Kansas 10 Day Notice to Quit is an official eviction letter served to the tenant for nonpayment of rent. This notice is only used for tenancies of three (3) months or longer. The tenant has the option to pay the rent balance due or move out within ten (10) calendar days.
When to Use a Kansas 10 Day Notice to Quit
Use a 10 Day Notice to Quit to begin the eviction process in Kansas if the tenant has resided on the premises for three (3) months or longer and is late on rent (starting the day after it’s due), either in part or in full.
If none of the above are true, use one of the below forms to evict a tenant:
- 3 Day Notice to Quit – If the tenant has resided at the premises for less than three (3) months and is late on rent (starting the day after it’s due), either in part or in full.
- 30 Day Notice to Comply or Vacate – If the tenant failed to comply with health/safety rules, violated rules with too many occupants at the premises or any other violations of the lease.
- 30 Day Notice to Quit – If the tenant committed substantially the same breach or a similar breach of the lease during the lease term.
- 30 Day Notice to Vacate – If the tenant or the landlord is terminating a month-to-month or year-to-year lease. This letter may also be used for tenants with no written lease that pay rent monthly or for tenants with an expired lease.
How to Write a Kansas 10 Day Notice to Quit
The 10 Day Notice to Quit form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Include the date/time the notice is served;
- Enter the date/time the rent must be paid or premises vacated;
- Check the appropriate box: whether the tenant must vacate or pay the rent balance due;
- Complete proof of service and indicate the method of service;
- Landlord prints name and signs notice.
How to Serve a Kansas 10 Day Notice to Quit
A landlord can deliver notices in Kansas using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age (over 12 years of age) and discretion at the property AND mailing the notice by registered or certified mail with a return receipt;
- 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.
When sending the notice by registered or certified mail, add two (2) calendar days to the notice period to account for variability in post office delivery times.
- 1 KS Stat § 58-2507
If a tenant for a period of three months or longer neglect or refuse to pay rent when due, ten days’ notice in writing to quit shall determine the lease, unless such rent be paid before the expiration of said ten days.Source Link
- 2 KS Stat § 58-2510
Notice as required in the preceding sections 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.Source Link
- 3 KS Stat § 58-2564
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