How To Cancel With Kansas Legal Services?

Terminal Updated: Oct 21, 2021 by Elizabeth Souza

Steps of the eviction procedure in Kansas:

Detect is posted to correct the issue/vacate.
If uncured and tenant remains, the complaint is filed and served.
Hearing is held and judgment issued.
If granted, writ of restitution is posted.
Possession of holding is returned to landlord.

Evicting a tenant in Kansas can take around iii weeks to three months, depending on the eviction type, and whether a follow-up hearing is held.

Questions? To chat with a Kansas eviction attorney, Click here

Step ane: Observe is Posted

Landlords in Kansas can brainstorm the eviction procedure for several reasons, including:

Nonpayment of Rent – Once rent is past due, discover must be served giving the tenant the choice to pay rent in society to avert eviction.
Violation of Charter Terms / Rental Agreement – If a tenant violates a provision of a written lease/rental agreement, the landlord must give the tenant the opportunity to correct the event before moving frontwards with the eviction process.
No Charter / End of Lease Term (Tenant at Volition) – If there is no lease or the term of the lease has concluded, the landlord does not need any boosted reason to end the tenancy as long as proper notice is given.

Retaliatory Evictions. Information technology is illegal for a landlord to evict a tenant for complaining to the landlord or to the advisable local or government agency regarding the holding. Information technology is also illegal for a landlord to adios a tenant for joining, supporting, or organizing a tenant organization or union.
Evicting a Squatter. If the private occupying the property didn't have the landlord'south permission when moving in, and doesn't have a lease (or exact agreement), then Kansas landlords may go along nether the criminal trespass statutes in one case they take warned the individual to go out the property (read more).

Each possible ground for eviction has its own rules for how the process starts.

Eviction Procedure for Nonpayment of Rent

A landlord is allowed to adios a tenant for declining to pay rent on fourth dimension.

According to Kansas law, hire is considered late the solar day afterwards it'south due; grace periods (if any) are addressed in the lease/rental agreement.

Once rent is past due, the landlord must provide tenants with a three-Twenty-four hours Notice to Pay. This notice gives the tenant the option to pay the past due corporeality in total within three days in order to avoid eviction.

If the tenant does not pay the rent in full past the finish of the notice period and remains on the property, the landlord may keep with the eviction procedure with the court.

Eviction Process for Violation of Lease Terms / Rental Agreement

A tenant tin be evicted in Kansas if they exercise non uphold their responsibilities and obligations under the terms of a written charter/rental agreement.

Kansas landlords must provide tenants with a 30-Twenty-four hours Notice to Comply, giving the tenant fourteen days to correct or "cure" the consequence or violation.

If the violation isn't corrected within 14 days, the tenant will be required to move out at the stop of the thirty-solar day notice.

Typical lease violations under this category could include issues similar negligently dissentious the rental property, having people reside in the rental unit that aren't on the lease or without the landlords blessing or having a pet when there's a no-pet policy.

Additionally, any violation of material health or safe could affect the tenant'due south tenancy. Examples of material wellness or prophylactic violations could include letting trash pile up inside the rental unit of measurement, providing a harbor for rodents or bugs, or even things like damaging the electrical wiring in the rental unit of measurement.

Illegal activity may besides exist included in this category.

If the tenant fails to correct the upshot within the deadline and remains on the holding afterwards the notice menstruation expires, the landlord may proceed with the eviction process.

Note, if a tenant commits waste material, a discover to quit is non necessary and the landlord may motion forward with the eviction procedure.

Eviction Procedure for No Charter / End of Lease

In the land of Kansas, if tenants "holdover," or stay in the rental unit of measurement after the rental term has expired, and so the landlord must requite tenants notice before evicting them. This tin can include tenants without a written lease and week-to-calendar week and calendar month-to-month tenants.

Often this type of eviction applies to tenants who are at the terminate of their lease and the landlord doesn't want to renew.

The amount of time required in the discover depends on the type of tenancy.

Week-to-Week – If rent is paid on a calendar week-to-week basis, a landlord must provide the tenant with a 7-Day Detect to Quit.
Less Than 3 Months – If rent has been paid for three months or less, a landlord must provide the tenant with a 3-24-hour interval Notice to Quit.
Year-to-Year – A landlord must provide the tenant with a 30-Twenty-four hour period Detect to Quit.
Furnished Rental Units – If the unit is furnished tenancy, a landlord must provide the tenant with a 10-Day Find to Quit.
War machine Personnel – If a tenant is employed in the Usa armed forces, a tenant must provide the landlord with a xv-Day Discover to cease the tenancy.

If the tenant remains on the holding after the notice period expires, the landlord may go along with the eviction procedure.

Step ii: Complaint is Filed and Served

As the side by side stride in the eviction procedure, Kansas landlords must file a complaint in the advisable court. For example, in Johnson County, the filing fee ranges between $55.50-$121.50 and an boosted $15 in sheriff's fees.

The summons and complaint may exist served on the tenant by the sheriff of the county at least three days prior to the eviction hearing, through one of the following methods:

Giving a copy to the tenant in person;
Leaving a copy with someone who lives at the rental unit and who is over the age of 12;
Leaving a copy at the rental unit AND mailing via beginning class mail a find that the summons and complaint were left at the rental unit of measurement; or
Mailing via certified postal service, priority mail, overnight post, or other mailing service as long as a return receipt is received.

3 days. The summons and complaint must exist served at least iii days prior to the eviction hearing.

Pace iii: Court Hearing and Judgment

The initial hearing must exist held within 3-14 days of the date the summons was issued.

Tenants take the option to either announced in person at the initial hearing or file a written answer to the complaint, objecting to the eviction.

If the judicial officer needs more information to make a ruling, a 2nd hearing will be held within 14 days of the date of the initial hearing. Continuances will only be granted if the tenant pays a bond into the court.

If the judge rules in favor of the landlord at either the initial hearing or a follow-up hearing, a writ of restitution will be issued, and the eviction process will continue.

three-28 days, depending on whether the judicial officer decides a follow-upwards hearing is necessary in gild to determine whether the tenant should be evicted.

Step iv: Writ of Restitution Is Issued

The writ of restitution is the tenant's final notice to go out the rental unit and gives them the opportunity to remove their belongings before the sheriff returns to the belongings to forcibly remove the tenant.

If the courtroom has ruled in the landlord'due south favor, the landlord must enquire the court to issue a writ of restitution. This could be done the same day as the hearing. The writ of restitution shall be executed within fourteen days after the tenant receives the find.

A few hours to a few days, the landlord must request the writ of restitution, just it could be issued the same day as the hearing.

Footstep 5: Possession of Property is Returned

The sheriff'southward role must forcibly remove the tenant from the rental property within 14 days of receiving the writ of restitution from the court, if the tenant hasn't already moved out of the rental unit of measurement before so.

Approximately xiv days. The sheriff'due south part is required to remove the tenant within xiv days of receiving the writ of restitution.

Kansas Eviction Process Timeline

Below is a summary of the aspects outside of the landlord'south control that dictate the corporeality of time it takes to evict a tenant in Kansas. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays.

Initial Observe Period – Between 3 and 30 days, depending on the notice type and reason for eviction.
Issuance/Service of Summons and Complaint – At to the lowest degree iii days prior to the eviction hearing.
Court Hearing and Ruling on the Eviction – 3-28 days, depending on whether a follow-up hearing is held.
Issuance of Writ of Restitution – A few hours to a few days.
Return of Possession – Up to 14 days after the writ is received by the sheriff's office.

Questions? To chat with a Kansas eviction chaser, Click here

Additional Information

Termination of Farm or Pastureland. Landlords who are leasing occupied farmland or pastureland must give the tenant a 30-Day Notice to Quit in writing at to the lowest degree xxx days prior to March ane^st and the termination of the tenancy shall take place on March ane^st.

If a fall seeded grain crop has simply been planted, the notice shall exist adjusted so the termination of tenancy appointment shall exist the twenty-four hours after the concluding 24-hour interval of harvesting the crops or August 1^st (whichever date comes showtime).

Tenant'due south Defenses. Tenants may have valid reasons to fight the eviction lawsuit. Below are a number of defenses available to a tenant:

The landlord gave improper written notice to the tenant.
The landlord did not supply adequate living conditions (i.e. the rental unit didn't have proper heat, water and utility services, etc).
The eviction was in response to the tenant'due south complaint to the local or state authorities nearly the landlord not complying with health and safety rules of the rental unit of measurement or for participating in a tenants' rights union.
The landlord pursued an eviction instance due to the tenant's religion, nationality, gender, family unit status, or disability.

Flowchart of Kansas Eviction Process

Kansas Eviction Process Flowchart on iPropertyManagement.com

For additional questions about the eviction process in Kansas, please refer to the official legislation, Kansas Statutes §58-2540 to 58-2573, §61-3801 to 61-3808, and §lx-303, for more data.

Sources

one KS Stat §58-2564 (2019): (b) The landlord may terminate the rental agreement if rent is unpaid when due and the tenant fails to pay hire within three days, after written notice by the landlord of nonpayment and such landlord'south intention to stop the rental understanding if the hire is not paid within such three-twenty-four hours period.
ii KS Stat §58-2564 (2019): (a) …if there is a material noncompliance by the tenant with the rental agreement or a noncompliance…materially affecting health and safety, the landlord may evangelize a written notice to the tenant specifying the acts and omissions constituting the alienation and that the rental agreement will cease upon a date not less than 30 days later on receipt of the discover, if the breach is not remedied in 14 days.
3 KS Stat §58-2570 (2019): (a) The landlord or the tenant may stop a week-to-week tenancy by a written notice given to the other at least vii days prior to the termination date specified in the discover. (b) …cease a month-to-month tenancy by a written notice given to the other party stating that the tenancy shall terminate upon a periodic hire-paying date not less than 30 days after the receipt of the notice…
four KS Stat §60-303 (2019): (b) The sheriff of the canton in which the action is filed must serve any process by any method authorized by this department, or as otherwise provided past law, unless a party, either personally or through an attorney, notifies the clerk that the party elects to undertake responsibility for service.
5 KS Stat §61-3805 (2019): The time stated in the summons requiring the defendant to appear in response to the petition shall be determined by the court. Such time shall be not less than 3 nor more than xiv days afterwards the date the summons is issued.
6 KS Stat §60-303 (2019): (d)(1)(A) …past delivering…a copy…to the person to be served. (B)…by leaving a copy…at the private'southward domicile or usual place of abode with someone of suitable age and discretion who resides there. (C)… past leaving a copy …at the individual'southward domicile…and mailing to the private by outset-class mail, postage prepaid, a notice that the copy has been left at the private'due south dwelling or usual identify of abode.
7 KS Stat §60-303 (2019): (c) (1) Service of process may be made past…certified mail service, priority mail, commercial courier service, overnight delivery service…evidenced by a written or electronic receipt …(c)(5) If the sealed envelope is returned with an endorsement showing refusal to accept commitment, the sheriff, political party or the political party's attorney may send a copy…by start-form mail, stamp prepaid, addressed to the party to be served…
8 KS Stat §61-3807 (2019): (a) If a trial is necessary, the trial shall be conducted inside xiv days after the appearance date stated in the summons. (b) No continuance shall be granted unless the defendant requesting a continuance shall file a bond…approved past the court, conditioned for the payment of all amercement and rent that may accumulate if judgment is entered against the defendant.
nine KS Stat §61-3808 (2019): (b) The writ of restitution shall be executed within xiv days after the person named in the writ receives it, and that person shall file a return as with other writs under the lawmaking of civil procedure for limited actions. The person serving the writ may employ such reasonable force as is necessary to execute the writ.