A Kansas 30 Day Notice To Vacate is a letter that complies with state legal requirements to terminate a month-to-month or year-to-year lease. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
When To Use a Kansas 30 Day Notice To Vacate
A Kansas 30 Day Notice To Vacate terminates the following types of tenancy:
- A month-to-month or year-to-year lease
- An expired lease
- A rental with no written lease where the tenant pays rent on a monthly basis
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 30 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- 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 30 Day Notice To Vacate
Kansas landlords and tenants may deliver a Notice To Vacate using any of the following methods:
- Hand delivery to the other party
- Hand delivery to the other party’s usual place of business or residence, as appropriate
- Hand delivery to a person at least age 12 on the property who can accept the notice on behalf of the other party
- Delivery by registered or certified mail, to be proven by return receipt
- Only if no person can be found on the property: Posting at a conspicuous place on the other party’s property, such as the entry door
Mailed notice may extend a notice period by two (2) calendar days.
Sources
- 1 KS Stat § 58-2570
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The landlord or the tenant may 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.
Source Link - 2 KS Stat § 58-2505
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Termination of tenancy from year-to-year; notice. All tenancies from year to year, other than farm tenancies from year-to-year, may be terminated by at least thirty days’ notice in writing, given to the tenant prior to the expiration of the year.
Source Link - 3 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.
- 4 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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