Kansas Eviction Notice Forms – Notice to Quit | PDF Templates
It is important for property owners in Kansas to familiarize themselves with the state’s eviction process, which varies from most states’. You must follow the process carefully according to State Laws, Chapter 61 Article 38, or else the courts will not authorize the eviction.
Kansas Eviction Process
Before a landlord may evict a tenant, he or she must notify the tenant of the potential eviction.
For failure to pay rent, landlords must give tenants a written notice stating they have three days to pay the rent or else formal eviction procedures will commence.
For other lease violations, the property owner must use a 14/30-Day Notice of Non-Compliance, which gives the tenant 14 days to correct the violation, or else move out of the property within 30 days from receipt of the notice.
If the rent is paid monthly, the landlord can use a 30-day notice, which does not require a reason.
The notice must be served personally, or if the tenant is absent, it can be posted on the door with an additional copy mailed to the tenant. Be sure to save your receipt of service.
2. Forcible Detainer Action
If the tenant has not left the premises or corrected the violation by the specified period, the owner may then file a Forcible Detainer action at the county courthouse. This will include a Summons, Civil Information Sheet, and Petition. The clerk will set a date for a “Docket Call.” This is a preliminary hearing where the parties can resolve the case themselves before going to trial. The hearing will be scheduled to occur within 14 days after the action was filed. The sheriff will serve notice of the Docket Call to the tenant.
If the parties cannot resolve the dispute at the Docket Call, the tenant must file an Answer to the complaint before the trial date. Trial will occur within 8 to 10 days of the Docket Call if the parties failed to resolve the dispute.
3. Hearing
If the landlord does not appear at the hearing, the judge will dismiss the case, and if the tenant fails to appear, the judge will rule in favor of the landlord. The judge could also dismiss the case if the landlord did not follow the eviction procedure properly.
To prevail at the hearing, the landlord must prove that the tenant failed to pay rent or violated the lease without correcting the violation. If the landlord wins, the judge will grant a Judgment of Possession specifying that the tenant has to vacate the premises after a number of days. If the tenant fails to do so, the landlord can obtain a Writ of Restitution and Execution, whereby the sheriff will remove the tenant forcibly within 10 days.
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