A Kansas 30 Day Notice to Quit is a legal eviction document delivered to the tenant for an incurable breach, such as a repeat lease violation during the tenancy. There is no option to cure and the tenant must move out of the premises within thirty (30) calendar days.
When to Use a Kansas 30 Day Notice to Quit
Use a 30 Day Notice to Quit to begin the eviction process in Kansas if the tenant committed more than one lease violation of the same or a similar nature during the lease term.
If the breach of the lease is the tenant’s first lease violation, use the 30 Day Notice to Comply or Vacate instead.
If the above is not 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 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 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 Quit
The Kansas 30 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;
- Check the box to indicate the same breach or a similar breach of the lease;
- Include the tenant’s balance due, if applicable;
- Enter the date the tenancy terminates;
- 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 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 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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In the event that such breach or a similar breach occurs after the 14-day period provided in this subsection, the landlord may deliver a written notice to the tenant that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice without providing the opportunity to remedy the breach. The rental agreement then shall terminate as provided in such notice regardless of the periodic rent-paying date.
Source Link - 2 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 - 3 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