A Kansas eviction notice form is a legal letter provided to a tenant directing them to correct a breach of their obligations and/or vacate the premises. In Kansas, eviction notices can be served for the nonpayment of rent, lease violations or participating in illegal activity.
Types of Kansas Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 3 Day Notice to Quit | Unpaid Rent
Tenancy of Less than 3 Months |
Yes |
| 10 Day Notice to Quit | Unpaid Rent
Tenancy of 3 Months or Longer |
Yes |
| 30 Day Notice to Comply or Vacate | Lease Violation | Yes |
| 30 Day Notice to Quit | Repeat Lease Violation | No |
| 30 Day Notice to Vacate | Monthly or Yearly Lease / No Lease | No |
Kansas 3 Day Notice to Quit
A Kansas 3 day Notice to Quit form is used for an eviction for nonpayment of rent in tenancies of less than three (3) months. The tenant has the option to remedy by paying the rent balance due, otherwise the tenant must move out and deliver possession of the premises within three (3) calendar days.
Kansas 10 Day Notice to Quit
A Kansas 10 day Notice to Quit form is used for an eviction for nonpayment of rent in tenancies of three (3) months or longer. The tenant has the opportunity to cure by paying the rent balance due, otherwise the tenant must vacate the premises within ten (10) calendar days.
Kansas 30 Day Notice to Comply or Vacate
A Kansas 30 day Notice to Comply or Vacate form is used for an eviction for a curable breach of the lease. Lease violations include damaging property, failing to maintain the premises in a clean and sanitary manner or interfering with the peace and enjoyment of other persons. The tenants have the option to remedy the violation within fourteen (14) calendar days. If the tenants fail to comply, they must move out of the rental unit when the notice expires or at the end of the thirty (30) calendar day period.
Kansas 30 Day Notice to Quit
A Kansas 30 day Notice to Quit form is used for an eviction for an incurable breach of the lease, such as a repeat violation during the lease term. There is no option to cure and the tenant must vacate the premises within thirty (30) calendar days.
Kansas 30 Day Notice to Vacate
A Kansas 30 day Notice to Vacate form is a lease termination letter may be used to terminate a month-to-month lease or year-to-year tenancy. In addition, this legal letter may also be used for tenants with no written lease that pay rent monthly or for tenants with an expired lease. Either party must deliver this notice at least thirty (30) days prior to the end date specified or before the expiration of the lease.
How to Write an Eviction Notice in Kansas
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in Kansas
An eviction notice in Kansas for nonpayment of rent takes effect the same day it is delivered in person or posted at the premises. All other eviction notices for a breach of the lease take effect the day after the notice is served.
All calendar days are counted during the notice period. The last day is included in the notice period unless it falls on a weekend or legal holiday, then the notice will not officially expire until the end of the next judicial day (not counting weekends or legal holidays).
How to Serve an Eviction Notice in Kansas
A landlord can serve eviction 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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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.
Source Link - 2 KS Stat § 60-206
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Time, computation and extension; accessibility of court; definitions; extension or suspension of computation rules or time limitations by chief justice.(a) Computing time. The following provisions apply in computing any time period specified in this chapter, in any local rule or court order or in any statute or administrative rule or regulation that does not specify a method of computing time.
(1) Period stated in days or a longer unit. When the period is stated in days or a longer unit of time:
(A) Exclude the day of the event that triggers the period;
(B) count every day, including intermediate Saturdays, Sundays and legal holidays; and
(C) include the last day of the period, but if the last day is a Saturday, Sunday or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday or legal holiday.
(2) Period stated in hours. When the period is stated in hours:
(A) Begin counting immediately on the occurrence of the event that triggers the period;
(B) count every hour, including hours during intermediate Saturdays, Sundays and legal holidays; and
(C) if the period would end on a Saturday, Sunday or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday or legal holiday.
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
