A Kansas 10 Day Notice To Quit is a letter that complies with state legal requirements to begin eviction against a tenant for nonpayment of rent, in tenancies longer than (3) months. The tenant must pay the balance due or move out within ten (10) calendar days of receiving notice.
When To Use a Kansas 10 Day Notice To Quit
A Kansas 10 Day Notice To Quit begins the eviction process when the tenant has resided on the premises for longer than three (3) months and is late on rent. A landlord may deliver this notice when any portion of the rent remains unpaid, beginning the day after it’s normally due.
Some types of Kansas lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Kansas 10 Day Notice To Quit
To help ensure the legal compliance of a Notice To Quit:
- Use the full name of the receiving parties, and address of record, if known
- Specify the basis upon which the tenancy will terminate, and the payment necessary to avoid termination
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Kansas 10 Day Notice To Quit
Kansas landlords may deliver a Notice To Quit 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 extends a notice period by two (2) calendar days.
Sources
- 1 KS Stat § 58-2507
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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 Kan. Stat. § 58-2510
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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.
- 3 Kan. Stat. § 58-2564(b)
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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.
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