UPDATED: February 13, 2020
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Evictions in Kansas are available to any landlord so long as Kansas law is followed. It is very important that a Kansas landlord follow the eviction process carefully because if he or she doesn't, the eviction suit may be dismissed or the tenant may have a cause of action (reason to sue) the landlord.
Available Kansas Termination Notices
In Kansas, landlords must give tenants notice that the tenancy is terminating before they are able to file an eviction suit. The type of notice depends on the type of tenancy and the type of breach. For month-to-month leases, a landlord or tenant can terminate with 30 days notice. Week-to-week tenancies require 7 days notice.
For fixed-term leases (1-year or 2-year), if a landlord wishes to end a tenancy earlier than the lease term, he or she may do so by serving the tenant with an appropriate notice. Kansas allows for the following types of written termination notices:
Material non-compliance notice: This is a 30-day notice. If the tenant has breached the lease in any way besides failing to pay rent, the landlord gives this notice. The tenant has 14 days to fix the breach and avoid an eviction proceeding, but the landlord must wait 30 days to file (Kansas Stat. ï¿½ 58-2564(a)).
Failure to pay rent notice: This is a 3-day notice. If the tenant does not pay rent or leave within 3 days of receiving this notice, the landlord can start the eviction proceeding (Kansas Stat. ï¿½ 58-2564(b)).
Evictions in Kansas are handled by the District Courts. Find your local court on the Kansas courts website. You can also download eviction forms from the Kansas judiciary website. If you'd like specialized legal advice in helping you file your eviction action, or in providing overall advice for your situation, you can seek out a Kansas landlord tenant attorney. Be sure to refer to Questions to Ask Your Kansas Evictions Lawyer below if you decide to call an attorney.
Self-Help Evictions in Kansas
Self-help evictions are illegal in Kansas. If a landlord locks out a tenant or shuts off the utilities, the tenant may be able to recover:
- 1.5 times the rent or actual damages, whichever is greater;
- Attorney's fees; and possibly
- Punitive damages (Kansas Stat. ï¿½ 58-2563).
Questions to Ask Your Kansas Evictions Lawyer
- How many evictions cases have you handled?
- How many were successful/unsuccessful?
- How long will the eviction process take?
- For tenants: How long do I have before I MUST move out?
- For landlords: Will I be able to get a judgment for back rent for the amount of time the tenant has been living in the rental property illegally?
- What do you charge?
- For landlords: If I hire you, will I be subject to the Fair Debt Collection Practices Act (FDCPA)?