A Kansas eviction notice is a form that the landlord completes and serves on the tenant when the tenant is not abiding by the terms in the lease. It is the first step in the legal eviction process. Known as a notice to quit, Kansas eviction notices must comply with the Kansas Residential Landlord and Tenant Act (KSA 52-2543) and KSA 61-3803.
There are several pieces of information that should be included in a Kansas eviction notice:
There are additional components depending on the type of eviction notice being created. We’ll talk about those in just a moment. First, let’s talk about the legal requirement of service. All Kansas eviction notices must be legally served. KSA 25-5810 states that eviction notices must be served 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 return receipt requested. Proof of service should be created. This can be done through use of a completed Certificate or Service or by showing the return receipt provided by registered or certified mail.
3-Day Notice to Quit for Non-Payment of Rent
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 the full amount that is due, including any late fees that have accumulated. This form is used if the tenancy is for a period that is less than three months long.
10-Day Notice to Quit for Non-Payment of Rent
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 is used if the tenancy is for a period that is greater than three months.
14-Day Notice to Quit for Non-Compliance
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 a description of how the lease was violated. 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.
30-Day Notice to Quit for Second Non-Compliance
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 the date by which the tenant should vacate the property.
30-Day Notice to Quit for Month-to-Month Tenancy
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. This notice gives the tenant 30 days to vacate the property.
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 free 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.