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A Kansas eviction notice is a written notice that the landlord uses and serves on the tenant when the tenant fails to comply with the lease terms. It gives the tenant a certain number of days to correct the violation (curable) or vacate the property. It is the first step in the legal eviction process, officially known as a forcible detainer. Eviction proceedings are filed in district court.
Also known as a notice to quit, Kansas eviction notices must comply with the Kansas law better known as the Residential Landlord and Tenant Act (KSA 52-2543) and KSA 61-3803. The Kansas Residential Landlord and Tenant Act provides the duties and rights for renters and landlords. It governs eviction lawsuits as well as eviction notices. Before beginning the Kansas eviction process, landlords should seek legal advice to make sure that they're following the law. Otherwise, the tenant remains on the property.
There are several types of Kansas eviction notices. All of them have the same basic components:
Kansas eviction notices are also known as a notice to quit. The number of days provided to the tenant to correct the violation or leave the property depends on why the eviction notice was issued. They may also have specific additional components.
A 3-day notice to quit for non-payment of rent is used if the tenant doesn’t pay their rent on time. The notice should include:
This form is used if the tenancy is for a time period that is less than three months long.
A 10-day notice to quit for non-payment of rent is used if the tenant doesn’t pay their rent on time. It gives them 10 days to pay the amount of rent plus any accumulated late fees or vacate the premises. This notice should list:
This notice is used if the tenancy is for a period that is greater than three months.
A 14-day notice to quit for non-compliance is an eviction notice that informs the tenant that they’ve violated the lease. It gives them 14 days to correct the violation or leave the premises. This notice should include:
Additionally, if the tenant violates the lease again in the same way within six months, the landlord does not have to give the tenant a second opportunity to correct the violation. The landlord may send the next type of notice discussed below.
A 30-day notice to quit for second non-compliance is sent to a tenant when they’ve violated the lease in the same way twice within a six-month period. The tenant is obligated to vacate the premises within 30 days. This notice should include:
A 30-day notice to quit for month-to-month tenancy isn’t an actual eviction notice. The tenant hasn’t necessarily violated their lease agreement. Rather, the landlord wants to regain possession of the property when the lease ends at the end of the 30 days. This notice gives the tenant 30 days to vacate the property.
KSA 25-5810 states that eviction notices must be served via hand delivery on the tenant, given to a person over 12 years of age who lives on the premises, left in a conspicuous place (such as the front door), or served via registered or certified mail with a return receipt requested. Proof of service should be created. This can be done through the use of a completed Certificate of Service or by showing the return receipt provided by registered or certified mail.
Serving the tenant with an eviction notice is the first step in the legal eviction process. This is important because only a court order from a judge allows a landlord to change the locks, remove the tenant’s property, or shut off the utilities. Doing any of those actions without a court order is illegal in Kansas. It is also illegal in Kansas to evict a tenant because they reported code violations on the property. It is also illegal to evict a tenant based on race, sex, religion, national origin, ancestry, family status, or disability. Many Kansas cities do not allow landlords to evict individuals with children or people with disabilities. If a landlord is involved in an illegal eviction, they may be sued by the tenant. Raising the rent within a certain amount of time or for certain reasons may also be considered a form of retaliation against the tenant in the hopes of pursuing an eviction.
Kansas tenants should know and understand their rights and obligations. You can download a copy of the Tenant’s Handbook by clicking here. It explains where you can find specific landlord-tenant laws. You may find it very helpful if you’ve been served with an eviction notice.
If you are served with an eviction, read it carefully. You need to understand why the eviction notice was issued to you and how long you have to correct the issue. If you’ve violated the lease in the same way twice within a six-month period, the landlord does not have to give you the opportunity to correct the issue. They can issue a notice to have you vacate the property. You can call your landlord to get more information or to try and discuss the situation. Remember to remain calm while you’re on the phone.
If you believe that the eviction is illegal, you can hire a lawyer who practices in landlord-tenant law. A lawyer who practices in this area can review the facts surrounding your case and let you know whether you have a case. You can also contact the University of Kansas School of Law or Washburn University School of Law and ask if they have a legal clinic. Third-year law students help the public with civil matters, such as landlord-tenant disputes, under the supervision of licensed attorneys. This is an ideal way to get help for a reduced rate. You could also contact a legal aid office. Although they have income restrictions, they provide low-cost or free help to those who need it. They also have free information that can be helpful for tenants.
Kansas landlords have a legal obligation to keep the property habitable. They must also follow state landlord-tenant laws when it comes to the eviction process.
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