The Eviction Process in Kansas: Rules for Landlords and Property Managers

In Kansas, evictions are regulated by statute. When evicting a tenant in Kansas, a landlord must carefully follow all the rules and procedures, or risk having the eviction thrown out of court. This article explains the basic rules and procedures landlords and property managers must follow when evicting a tenant in Kansas.

Notice for Termination With Cause

A landlord who wants a tenant in Kansas to leave before the lease or rental agreement has expired must have cause—in other words, a legally valid reason to terminate the tenancy. Common reasons for terminating a tenancy in Kansas include failure to pay rent or violation of the lease or rental agreement.

When a landlord wants a tenant to leave for cause, the landlord must first terminate the tenancy. This is done by giving the tenant notice. The type of notice depends on the situation.

• 3-day notice to pay rent: If the tenant fails to pay rent when it's due, the landlord can give the tenant a three-day notice to pay rent. The notice must inform the tenant that if the tenant doesn't pay rent within three days (three consecutive 24-hour periods), the tenancy will terminate. (If the landlord mails the notice to the tenant instead of personally serving it, the tenant will have an additional two days to pay rent before the landlord can terminate the tenancy.) If the tenant doesn't pay or move out, the landlord can file an eviction lawsuit. (Kan. Stat. § 58-2564(b) (2024).)
• 30-day notice to remedy: If the tenant violates the lease or rental agreement, the landlord can give the tenant a 30-day notice to remedy. The notice must specify the source of the violation, and must tell the tenant that if the problem isn't fixed within 14 days, the tenancy will terminate in 30 days. If the tenant makes a good-faith effort to remedy the problem within 14 days but isn't able to, the tenancy won't terminate. But if the same problem occurs again after the 14-day period has passed, the landlord can deliver another 30-day notice and the tenancy will end no matter what. If the tenant doesn't move out by the deadline, the landlord can file an eviction lawsuit. (Kan. Stat. § 58-2564(a) (2024).)

Notice for Termination Without Cause

If the landlord wants to evict a tenant but doesn't have legal cause, 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.

Month-to-Month Tenancy

A landlord who wants to end a month-to-month tenancy without cause 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 doesn't move out of the rental unit by the end of 30 days, then the landlord can file an eviction lawsuit. (Kan. Stat. § 58-2570(b) (2024).)

Fixed-Term Lease

When a landlord wants to end a fixed-term lease but doesn't have cause to evict the tenant, the landlord has to wait until the lease has expired before expecting the tenant to move. The landlord isn't required to give the tenant notice of the approaching end of the tenancy unless required to do so by the lease or rental agreement.

Tenant Eviction Defenses

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 a claim that 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.

Kansas law also allows special protections for tenants who have experienced family violence or sexual assault. Some of these protections might provide a tenant with a defense against eviction. (Kan. Stat. § 58-25,137 (2024).)

Removal of the Tenant

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.

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 (Kan. Stat. Ann. § 58-2565 (2024).)

Rationale for the Rules

Landlords must carefully follow all the rules and procedures required by Kansas law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can 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.