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Read further to learn more about the residential lease termination process in Kansas and how many days notice are required in which situations.
What is a Lease Termination Notice?
A lease termination notice is a legal document that can be given to either the tenant or the landlord when the opposite party plans to vacate the premise that is being rented. This is a notice that can be used when the terms of the lease have been broken in any way, or the rental period is over and one of the parties involved no longer want to continue the rental relationship.
In the state of Kansas, it is important that the legal document is delivered to the other party with a period of 30 days or more remaining before a tenant is being requested to vacate the property. According to statute § 58-2570, the landlord and the tenant must provide a 30-day notice to the other party before any changes with the tenancy occur.
In most cases, this type of notice is given tenants that have a month-to-month contract with the landlord; however, it can also be used for a tenant that has a yearly lease as well. If the lease ends on the last day of September, the notice should be sent out by the end of July to make sure that it is received by the tenant well before the 30-day point when it must be received.
Writing a Lease Termination Notice in Kansas
When writing a lease termination notice, one of the best resources that a landlord can have on hand is the original lease. This is because it will have the date of the agreement so that you can confirm it and make sure that if a month-to-month agreement is ending, the correct dates on the document. It can also help to make sure that all of the information on the notice is correct. The key parts that must be included in the notice are:
The first thing that should be seen in this type of notice is the name of the tenant who the notice is addressing. If the notice is being sent from the tenant, then the landlord’s information will go in this section instead. If there is more than a single tenant that resides in the unit, then all of their names will need to be listed in this portion of the notice.
In this section, the first thing that should be listed is the address of the unit that is being discussed. The address should include the street number, the street name, and the unit number if there is one. Also, make sure to include the county that the unit is part of as well as the name of the neighborhood where it is located.
This section should also include the date that the rental agreement began and when it is going to end. Make sure that the termination letter clearly states that the rental agreement is not going to be renewed after the last date of the agreement so that the tenant gets a clear picture of what to expect when the lease finalizes.
One way to indicate that the date that the tenant is to move out is to write down the date that the final months’ rent is due, and then request that they vacate the property within 30 days of that date. In addition, the notice must also state the specific date that the unit is expected to be empty. If the tenant does not receive the notice before the 30-day period has begun, they may be permitted to stay on the property for an additional 30 days. At the 30-day mark, the lease will be terminated, and the landlord will be able to have access to the property to make repairs to the unit and prepare it for a new tenant to move in.
Once the rest of the document is complete, the final section that will need to be added is the signature section. This should be completed by the individual who is filling out the notice, which may or may not be the landlord that owns the property. In addition to the signature of the person, their name must also be printed. Underneath the name, the document must be dated as well before it can be delivered.
Delivering the Notice
When this notice is delivered, it is to be done by a party that is not the landlord. This means that if there is a management team that is responsible for the property, an individual who is working there may serve the notice. They must also report on a copy of the notice how it was delivered to the tenant and the specific date that it was received. The notice can be delivered in the following three ways:
- The notice may be hand-delivered to the tenant. This is a rare occurrence that will only happen if the tenant is at home at the time of delivery.
- The notice can be left with a responsible adult who is residing or staying in the unit. This is the method that is often done when the tenant is not home. The recipient must be 18 years of age, and they should also be responsible enough to present the notice to the named tenant. If this is the method of delivery, the notice will also need to be sent via certified mail.
- The final method of delivery is to post the notice on the door. This is often used as a last resort when the tenant or a resident of the unit cannot be reached. The notice must also be sent out using certified mail the following day.
The Next Steps
When the document has been signed, dated, and delivered to the tenant, the official termination date of the unit will be set. Before this date, the two parties that were in the original contract will want to walk through the property to inspect it before it is vacated. The tenant will need to arrange for the utilities to be placed back in the landlord’s name, and they will also need to leave a forwarding address for the landlord to send their security deposit.