The Kansas eviction notice forms may be used in the event that a landlord has a tenant who is failing to abide by the terms set forth in the lease, whether it is for non-payment of rent or other issues. In each situation, a landlord must provide written notice to the tenant of landlord’s intention to go to court and have the tenant evicted if tenant does not either move out or remedy the situation. In some cases, the tenant cannot remediate and must move out. If the tenant does not respond appropriately, landlord may file a Forcible Detainer Action consisting of a Petition for Eviction and a Summons with the Local District Court.
14-Day Notice to Quit (Non-Compliance) – In accordance with § 58-2564 the tenant shall have fourteen (14) days to correct the lease violation. If they do not correct they will have thirty (30) days to vacate the premises.
30-Day Notice to Quit (2nd Non-Compliance) – In accordance with § 58-2564 the tenant shall be submitted this notice if they have violated their lease in the same way for the second (2nd) time in the last six (6) months. There is no option for the tenant to remediate and they shall be forced to move within one (1) month.
30-Day Notice to Quit (Month to Month) – For all tenancy at wills in Kansas the landlord or tenant must provide at least thirty (30) days’ notice in order to cancel the arrangement (pursuant to Statute § 58-2570)
When Rent is Due
In Kansas, rent is due as specified in the terms of the lease. If tenant does not pay, the landlord must provide notice and allow a certain period of time – either 3 days or 10 days, depending on how long the tenancy is, for the tenant to pay.
How to Evict (Process)
Step 1 – Before going to court to have a tenant removed from his or her property, a landlord must provide requisite written notice to the tenant of his or her intentions to seek a legal remedy for non-compliance with the terms of the lease. Written notice must be delivered in person, posted in a conspicuous place or mailed by certified mail. If mailed, add two days to the notice requirement. There are different notice forms available depending on the reason for seeking eviction:
- 3-Day Notice to Quit (Non-Payment)
- 10-Day Notice to Quit (Non-Payment)
- 14-Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (2nd Non-Compliance)
- 30-Day Notice to Quit (Month to Month)
Step 2 – If the tenant fails to respond to the notice, the landlord may file a forcible detainer action in the Local District Court by filing a Petition for Eviction, or a Petition for Eviction and Rent and a Summons. The court will set a date within 14 days for tenant to respond.
Step 3 – If landlord obtains a judgment in his or her favor with the court, he or she can ask the Court for a Writ of Possession to have the tenant removed by the sheriff.