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Pay or Quit – Sent when rent has not been paid on time. It demands payment or move-out.
Cure or Quit – Addresses non-rent lease violations. It gives the tenant a chance to comply.
Termination of Month-to-Month Tenancy (30-Day Notice) – Used to end a month-to-month rental. Proper notice is required.
Notice to Quit for Illegal Activity -Issued for unlawful behavior on the premises. Often does not allow correction.
Eviction Laws
- Rent Grace Period: Rent is due as stated in the lease agreement.[1]
- Non-Payment of Rent: 3 days if delivered in person or posted; 5 days if mailed.[2]
- Non-Compliance: 14 days to cure, followed by up to 30 days to vacate if not corrected.[3]
- Termination (Month-to-Month Lease): 30 days.[4]
- Eviction Lawsuit Type: Evictions.[5]
Prohibited Landlord Actions in Kansas
- Utility Shutoff – A landlord may not willfully interrupt a tenant’s utility services in an effort to force them out. Doing so can expose the landlord to monetary damages.[6]
- Changing the Locks – A landlord may not remove or exclude a tenant from the premises without first obtaining a court order.[6]
How to Evict a Tenant in Kansas (Step-by-Step)
Step 1: Deliver Written Notice to the Tenant
Before filing in court, the landlord must serve written notice that identifies the violation and gives the tenant time to comply or vacate. Service may be in person, by posting, or by certified mail.
Step 2: File Petition for Eviction with District Court
If the tenant does not comply, the landlord files a Civil Cover Sheet and Petition for Eviction with the District Court in the county where the property is located. The petition must be notarized. Filing fees vary by county, for example:
Step 3: Serve Summons and Petition on the Tenant
After filing, the court issues a Summons . The Summons and Petition must be served on the tenant by the county sheriff, informing them of the hearing date and their obligation to appear.
Step 4: Attend the Hearing and Receive Judgment
At the hearing, the judge will decide whether the landlord is entitled to possession. If the landlord prevails, the court issues a Journal Entry of Judgment awarding possession of the property.
Step 5: File a Writ of Restitution if Needed
If the tenant does not vacate after judgment, the landlord may file a Writ of Restitution for Immediate Possession. This authorizes the sheriff to remove the tenant, typically within ten days.
Court Forms & Resources
- Civil Cover Sheet – Filed with the eviction petition to summarize the case.
- Petition for Eviction – Initiates the eviction lawsuit and is filed with the Clerk of Court.
- Summons – Issued by the court and served on the tenant to notify them of the case and hearing date.
- Journal Entry of Judgment – Completed by the judge to award possession to the landlord.
- Writ of Restitution for Immediate Possession – Authorizes the sheriff to remove the tenant, if necessary.
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