A Kansas eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Kansas landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of Kansas Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 3 Day Notice To Quit | Unpaid Rent | 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 evicts a tenant for nonpayment of rent. In Kansas, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within three (3) calendar days.
Kansas 30 Day Notice To Comply or Vacate
A Kansas 30 Day Notice To Comply or Vacate demands correction of a lease violation that is “curable,” i.e., the tenant may get a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
The tenant must take appropriate corrective action, or else move out within thirty (30) calendar days of receiving notice.
Kansas 30 Day Notice To Quit
A Kansas 30 Day Notice To Quit evicts a tenant for repeating a lease violation during the lease term. Because it’s a repeat violation, the tenant isn’t given a chance to take corrective action, and must move out within thirty (30) calendar days of receiving notice.
Kansas 30 Day Notice To Vacate
A Kansas 30 Day Notice To Vacate terminates a rental agreement, including a month-to-month or year-to-year lease as well as an expired lease or a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) days before the date of termination.
How To Write an Eviction Notice in Kansas
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note 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 Calculate Expiration Date in Kansas
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
There is one exception in Kansas. An eviction notice for nonpayment of rent takes effect the same day it is received.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
How To Serve an Eviction Notice in Kansas
Kansas landlords may deliver an eviction notice using any of the following methods:
- Hand delivery to the tenant
- Hand delivery to a person at least age 12 on the premises who can accept the notice on behalf of the tenant
- Delivery by registered or certified mail, to be proven by return receipt
- Only if no one can be found at the premises: Posting at a conspicuous place on the premises, such as the entry door
Mailed notice may extend a notice period by two (2) calendar days.
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 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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