A Kansas 30 Day Notice to Comply or Vacate is an eviction letter delivered to the tenant for a curable lease violation. The tenant has the right to correct the breach within 14 calendar days, otherwise the tenant must move out by the expiration of the 30 calendar day notice period.
When to Use a Kansas 30 Day Notice to Comply or Vacate
In Kansas, for the first lease violation, use a 30 Day Notice to Comply or Vacate to begin the eviction process if the tenant:
- Failed to comply with health/safety rules.
- Damaged the rental unit.
- Violated the lease with too many occupants residing at the premises.
- Disturbed the peace and enjoyment of other persons.
- Violated any other terms of the lease.
During the term of the lease, if the tenant repeats the same or a similar lease violation, use the 30 Day Notice to Quit instead.
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.
- 10 Day Notice to Quit – If the tenant has resided at 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.
- 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 30 Day Notice to Comply or Vacate
The Kansas 30 Day Notice to Comply or Vacate form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Specify the rule or lease violation;
- Indicate how the tenant can remedy the breach;
- Enter the date and time when the violation must be cured by;
- Include the tenant’s balance due, if applicable;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve a Kansas 30 Day Notice to Comply or Vacate
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 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.
Sources
- 1 KS Stat § 58-2564
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Except as otherwise provided in the residential landlord and tenant act, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with K.S.A. 58-2555 and amendments thereto 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. The rental agreement shall terminate as provided in the notice regardless of the periodic rent-paying date, except that if the breach is remediable by repairs or the payment of damages or otherwise, and the tenant adequately initiates a good faith effort to remedy the breach prior to the date specified in the notice, the rental agreement will not terminate.
Source Link - 2 KS Stat § 58-2555
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The tenant shall: (a) Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
(b) keep that part of the premises that such tenant occupies and uses as clean and safe as the condition of the premises permit;
(c) remove from such tenant’s dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner;
(d) keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
(e) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators in the premises;
(f) be responsible for any destruction, defacement, damage, impairment or removal of any part of the premises caused by an act or omission of the tenant or by any person or animal or pet on the premises at any time with the express or implied permission or consent of the tenant;
(g) not engage in conduct or allow any person or animal or pet, on the premises with the express or implied permission or consent of the tenant, to engage in conduct that will disturb the quiet and peaceful enjoyment of the premises by other tenants.
Source Link - 3 KS Stat § 58-2510
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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 - 4 KS Stat § 58-2564
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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