In Kansas, evictions are regulated by statute. When evicting a tenant in Kansas, a landlord must carefully follow all the rules and procedures set forth in the Kansas statutes. Otherwise, the eviction might not be valid. This article will explain the basic rules and procedures landlords and property managers must follow when evicting a tenant in Kansas.
If a landlord wants to evict a tenant, the landlord must have legal cause. Kansas statutes define legal cause as either failure to pay rent or violation of the lease or rental agreement. If evicting the tenant for one of these reasons, the landlord must give the tenant written notice. If the tenant does not comply with the notice, then the landlord can terminate the tenancy. The type of notice the landlord gives to the tenant will be different depending on the reason for the eviction.
If the landlord wants to evict a tenant but does not have legal cause, then the landlord must wait until the tenancy has ended before expecting the tenant to move. In some cases, the landlord will still need to give the tenant written notice to move.
A landlord who wants to end a month-to-month tenancy but does not have legal cause to evict the tenant, can give the tenant a 30-day notice. This notice will inform the tenant that the landlord wishes to end the month-to-month tenancy and that the tenant must move out of the rental unit in 30 days. If the tenant does not move out of the rental unit by the end of 30 days, then the landlord can file an eviction lawsuit against the tenant (see Kan. Stat. Ann. § 58-2570). Kansas Notice Requirements to Terminate a Month-to-Month Tenancy has more information.
A landlord who wants to end a fixed-term lease but does not have legal cause to evict the tenant, must wait until the lease has expired before expecting the tenant to move. The landlord does not need to give the tenant written notice to move unless the terms of the lease specifically require the landlord to do so.
Even if a landlord has a valid legal cause to evict a tenant, the tenant might still decide to fight the eviction. The tenant could have a valid legal defense against the eviction, such as the landlord discriminated against the tenant or failed to maintain the rental unit. The tenant’s decision to fight the eviction could increase the costs of the eviction or allow the tenant to remain living in the rental unit for longer. Tenant Defenses to Evictions in Kansas has more information on this subject.
It is illegal for a landlord to force a tenant to move out of a rental unit. The only way the landlord can remove the tenant from the rental unit is by winning an eviction lawsuit against the tenant. At that point, only a law enforcement officer with a court order has the authority to actually evict the tenant. If the landlord tries to force the tenant to move out of the rental unit, the tenant can sue the landlord for damages. Illegal Eviction Procedures in Kansas has more information.
After the tenant has been evicted, the landlord might find that the tenant has left behind personal property. Before selling or otherwise disposing of the property, the landlord must allow the tenant time to claim the belongings. The landlord must store the property in a safe location and then contact the tenant using two different methods. The landlord must first publish a notice in the local newspaper stating that the tenant has 15 days to claim the property or the landlord will dispose of it at the end of 30 days. Seven days after the landlord has published this notice in the newspaper, the landlord must mail a copy of the notice to the tenant at the tenant’s last known address. If the tenant does not claim the property after these two notices, then the landlord can sell or dispose of the property at the end of the 30 days (see Kan. Stat. Ann. § 58-2565). Handling a Tenant’s Abandoned Property in Kansas has more information for landlords who find themselves in this situation.
Landlords must carefully follow all the rules and procedures required by Kansas law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.