What is a Kansas Eviction Notice or Notice to Quit?
When to use a Kansas Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated any provision of the lease or rental agreement.
- You wish to end a periodic tenancy (such as month-to-month).
- The lease has expired and the tenant has remained on the property.Please Note:
- You may never forcibly evict a tenant without going through the formal tenant eviction process.
3 DAY NOTICE TO PAY RENT
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , Kansas
PLEASE TAKE NOTICE that the tenancy dated
THIS IS INTENDED AS THREE (3) DAY NOTICE FOR FAILURE TO PAY RENT. THIS NOTICE IS IN ACCORDANCE WITH THE KANSAS RESIDENTIAL LANDLORD AND TENANT ACT § 58-2564(b).
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF KANSAS INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
Kansas Eviction Notice FAQs
Am I legally allowed to evict my tenant for overdue rent in Kansas?
Generally speaking, the answer is yes, and you may draft a Kansas Eviction Notice (more specifically referred to as a 3-Day Notice to Pay Rent) to initiate the process. However, due to the COVID-19 pandemic, a few limitations have been established for tenants who can't pay rent. While the federal eviction moratorium has been struck down by the Supreme Court, the state of Kansas and individual municipalities are able to create and enforce their own guidelines for residential evictions. Check out the ask a lawyer for further advice.
Why would a property owner write an Eviction Notice in Kansas?
In order to file an eviction lawsuit against a tenant, you must provide a Notice of Eviction first. Some of the situations where you may need to use one are:
- The tenant is behind on rent or they are habitually late to pay
- The tenant disturbs other tenants
- The tenant is using the property illegally
- The tenant brings in a cat or dog and the lease does not allow pets
- The tenant gets a subletter against the rental terms
- The tenant has caused excessive damage
Outside of lease violations, tenants typically may be evicted by their landlord due to reasons that are not connected to their personal conduct. For example, when the landlord plans to move back in. Please note that this list is not totally exhaustive and that the legally permitted reasons for eviction are subject to change based on your specific city or municipality, among other considerations. If you have any particular questions or concerns with regard to Kansas eviction laws, you can always talk to an attorney.
How should the information in a Kansas Notice to Vacate be organized?
You can tap or click on the button labeled "Make document" to check out the Kansas Eviction Notice sample. You usually should organize the following information:
- The location and description of your property
- Contact information for the lessee
- What terms in the lease have not been met
- How long the tenant has to address the situation
- How many rent payments are past due (if relevant)
In the event that your tenants are not in the wrong, you are able to provide more context since the news could potentially come as a surprise. More customization is allowed, as necessary. You'll need to verify that the policies and terms referred to in the Eviction Notice are spelled out in the fully executed rental agreement.
How will Kansas eviction laws impact me as a landlord?
Laws continually evolve over time and the actual eviction procedure can be rather complicated for a first-timer. In some instances, there might be different notice periods and other requirements based on how long the tenant has occupied the property and the reason for eviction. As a result, it is highly recommended that you reach out to a local eviction lawyer when making a Notice of Eviction to any tenant in Kansas.
Where can I draft a Kansas Eviction Notice form for free?
The great news is that you do not have to reinvent the wheel when writing your document. When using the document tools on Rocket Lawyer, any landlord should feel empowered to draft Kansas Eviction Notices very easily. Your document will be built step by step so you can feel confident that it contains the proper details. This solution, in most cases, will end up being notably more affordable and convenient than hiring and working with a conventional attorney.
On average, what would I traditionally have to pay to evict a tenant in Kansas?
The cost of working with the average attorney to write a Notice of Eviction could range from hundreds of dollars per hour to thousands in total. When using Rocket Lawyer, you are not just filling out an eviction form template. If you ever require assistance from a lawyer, your Premium membership provides up to 40% in savings when you hire an Rocket Lawyer network attorney. If you wish to understand what the total cost of an eviction would be, you'll need to take into consideration the fees associated with filing court documents, attorney fees, the value of unrecovered rent payments, storage and/or cleaning fees, and finally, the time and money spent on looking for a replacement tenant.
How much time does it take to complete the Kansas eviction process?
The duration of the eviction process for Kansas tenants will generally depend on the notice period required, as well as the total volume of cases that are occurring simultaneously. Here is a generalized summary of Kansas notice periods:
- Rent-related: 3-day notice
- Violation of terms: 14-day notice to fix the issue or 30 days to move out
- No fault of the tenant: 30-day notice
Following the pre-defined notice period, the actual eviction may still take anywhere between 2 weeks and 2 months. Please note that with particular kinds of housing, including where the rent is subsidized by the government, the notice period may be longer.
Do I need an attorney if I am evicting someone in Kansas?
While it is doable to draft an Eviction Notice by yourself, the majority of landlords who take tenants to court will have legal representation. Finding a legal professional to check your Kansas Eviction Notice can be expensive. A more cost-effective alternative would be to go through Rocket Lawyer attorney services. If you become a Premium member, you can get your documents reviewed by an Rocket Lawyer network attorney with experience in real estate matters. Whether you end up creating another KS Eviction Notice or other legal documents, Rocket Lawyer is here to help.
Is anything else required once I write a Notice of Eviction/Notice to Quit in Kansas?
Once you have made your Kansas Eviction Notice on Rocket Lawyer, you'll have the ability to access it anytime and anywhere. You are encouraged to interact with the document by making edits, downloading it as a Word or PDF document, making copies of it, or printing it out. You will need to sign and date the notice before serving it on the tenant. There are a few methods available for serving the notice:
- Send the notice by certified mail with a return receipt
- Deliver the notice by hand
- Hire a third-party process server
Remember, "self-help" evictions are not legal in Kansas. Property owners should not change the locks, remove belongings, shut off utilities and services, or harass tenants in any way in an effort to remove them. Acting lawfully leading up to and throughout the eviction process will give you the best chance of removing tenants successfully with an official judgment from the court.