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Read further to learn more about the eviction process in Kansas and how many days’ notice are required in which situations.
What’s an Eviction Notice?
An eviction notice is a legal form of disclosure that lets a tenant know that they are in clear violation of their lease agreement, and either need to correct the issue or vacate the premises. If the tenant fails to take action after proper legal notice is given, the landlord may evict the tenant. When a landlord provides written legal notice to a tenant to correct a violation of the lease agreement, it is referred to as a “Notice to Quit.”
In the state of Kansas, it is important for the tenant to adhere to the rental agreement that was originally signed by both parties. If the tenant does not pay the rent in a timely fashion or they break the terms of the lease in any way, the landlord has the right to present them with a notice to quit. If the tenant does not respond to the notice to quit or remedy the situation, eviction proceedings could follow.
When is Rent Late in the State of Kansas?
According to statute § 58-2545, rent is late in the state of Kansas the day after it is due. At this point, a late fee may be added to the amount that is due, and a notice to quit may be sent to the tenant to inform them that they are in breach of the agreement. Some landlords will allow a little more time before the rent is considered to be late, but the details of the agreement are often in the rental agreement itself.
Types of Eviction Notices
There are several different types of eviction notices that can be filed. The one that is used will depend on the reason for the notice. Here’s a breakdown of the different ones that a landlord may send out to a tenant.
Three-Day Notice to Quit for Non-Payment
For situations where the tenant has been living in the unit for a period of fewer than three months, statute § 58-2508 states that the landlord must use a three-day notice to quit when they are not paying their rent on time. If this notice is sent, the tenant must comply with the demands within the three-day period.
10-Day Notice to Quit for Non-Payment
According to statute § 58-2507, any tenant that has lived in the unit for a period that extends more than three months and has not been paying their rent in a timely fashion should receive a 10-day notice to quit. This means that the tenant will have 10 days to pay what is owed or vacate the premise. If the tenant does not comply, the landlord can move ahead with eviction proceedings.
14-Day Notice to Quit for Non-Compliance
This type of notice to quit is one that is used when the tenant is caught breaking the terms of the lease. According to statute § 58-2564, in the state of Kansas, the tenant will have a period of 14 days in which they can correct the violation of the lease that they are non-compliant with. If the issue is not corrected, the tenant will have 30 days to vacate the unit.
30-Day Notice to Quit for Non-Compliance
If the tenant is found to be violating the lease in the same manner as they have been in the past, and it is the second time within the past six months, then this notice will be sent to the tenant. When the 30-day notice to quit for non-compliance is sent, the tenant will not have the option to remedy the situation. This notice will only give them the option to move off of the premise within a period of 30 days. This information can be found in statute § 58-2564.
30-Day Notice to Quit for a Month-to-Month
If the tenant has a month-to-month lease, the landlord must provide this notice to quit in order to cancel the arrangement. According to statute § 58-2570, the landlord must provide the tenant with this notice, which will give them 30 days to vacate the premise.
How to Write an Eviction Notice Letter in Kansas
Regardless of the type of the notice to quit that the landlord needs to provide to the tenant, the notice needs to cover everything for the specific situation, and it needs to be 100 percent in compliance with the Kansas state laws for rentals evictions. Some of the items that will need to be covered in any notice to quit will include:
Consult the Original Lease
To make sure that the information is on the notice is accurate, the first thing that should be done is for the landlord to consult the original lease. This is important to make sure that all of the pertinent information is available. All of the information that is on the lease document will need to be copied to the notice to quit exactly how it is in the original document.
Name the Recipient
In this section of the notice to quit, the landlord will need to address the individual by name that the notice is for. Always make sure that the name is written on this document in the exact same way as it is written in the original lease agreement. To define the tenant, the line can simply say: “To:_________.” If there is more than one tenant in the unit, all of their names will need to be printed on the document as well.
Define the Property
The next piece of information that the landlord will need to have in the document will be the address of the property that they have rented. In this space, which will typically consist of three lines, the street address, the building number, the county, the unit number, and any identifying information for the property will need to be listed.
Define the Rental Agreement
Since the landlord is going to provide the original lease, there will be a written record of what was expected of the tenant and where they failed to comply with the terms of the lease agreement. In the original lease, the signature of both parties must be readable and the date that the original agreement was signed.
State the Reason for the Notice
This section is going to be the most important part of the agreement because it will inform the tenant where they are in the wrong and the reason that they are receiving the notice. On the document, there will be different checkboxes that the landlord can use to let the tenant know whether the notice if due to non-payment of the rent or non-compliance of the agreement.
If there is an amount that is late, all of the money that is owed will need to be written in this section of the notice. This will need to be organized per month so that the tenant knows exactly how much is owed per month as well as in total. Make sure that any late fees that need to be paid are included in the total amount as well. When it comes to what is due, make sure to include a line in the document that informs the tenant how much is owed in total.
Establish the Landlord’s Intent
At the bottom of the document, there will need to be a section of the document that is designed to clarify the intent of the landlord. When the intent of the landlord is written in the section, the tenant will know that this is a serious matter and that they will need to comply with the demands of the letter. Also, the landlord will need to include a section that lets the tenant know that there will be repercussions if the tenant does not comply. If this is something that happens, legal proceedings are likely to follow.
This process is to make sure that the landlord gets the money that they are owed or they regain the use of the property. When it comes to the state of Kansas, when the tenant does not comply and is taken to court, the landlord will require the tenant to pay the court fees that are accrued as well. When the rest of the document is complete, the final thing that should e seen on the eviction notice or the notice to quit is the signature from the landlord. In addition to the signature, the date will need to be present on the document as well as the landlords’ printed name.
Certificate of Delivery
Since the delivery method for this notice to quit is important so that the landlord can ensure that the notice was delivered in a timely fashion, there is going to be a section that the delivery person will need to fill out when they actually reach the individual. This notice can be delivered in person to the tenant, it can be delivered to another member of the household, or it can be mailed to the tenant by first-class mail. Typically, the notice will only be mailed to the tenant when they cannot be reached at home.
At the bottom of the document, there will be a portion for the delivery agent to fill out that will say: “I certify that on the ________ day of the month of _____________, 20__, I served this notice to _________________________ by…”
Then, there will be a checkbox where the delivery agent can check off based on the method of delivery. After the statement is filled out, the agent will need to include his or her signature at the bottom of the document.