By: Rick Davis
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Kansas Eviction Notice
Prior to filing an eviction action, a proper Kansas eviction notice must be provided to the tenant that an eviction may be filed and that they have a certain period of time to avoid eviction. Moreover, there are a couple of things to keep in mind when sending these notices. First, if the pre-eviction notice is served by mail, an additional 2-days are added to notice period that must be provided to the tenant. Additionally, Kansas defines a “day” for the purposes of an eviction, as a full 24-hour period. Therefore, if you file the action on the third day, but only 70 hours after the notice was served on the tenant, the eviction will be dismissed as lacking proper notice.
When a tenant is past due on rent, you must provide them with a three-day notice. There is no specific form that must be used, but the notice must state the amount owed and that the landlord will file an eviction action if rent is not paid within 3 days. The three-day notice can be delivered by posting it on the tenant’s door, hand delivery or mail, but it is important that you keep accurate records of how and when it was delivered and that you use someone to deliver it who could testify about delivering the notice, if necessary. A sample three-day Kansas eviction notice is available for download at this link.
If you are wishing to evict a tenant for violation of a term of the lease, other than non-payment of rent, you must provide the tenant with a 14/30 notice, which is a letter that states that the tenant has 14 days to cure the violation or else the lease will be terminated 30 days from the date of the notice. Similar to the 3-day notice, there is no specific form, but it is important that the notice states exactly what the lease violation is and the time period in which the lease will be terminated if the issue is not corrected. Examples of lease violations that might trigger termination of the lease include, keeping a pet in the property when pets are excluded from the lease, dumping trash in the front yard of a single-family home, or failing to obtain renter’s insurance if required by the lease. A sample 14/30 day Kansas eviction notice is available for download at this link.
There are certain instances when 30-day notice must be provided to a tenant prior to filing an eviction. These would be when a tenant is residing in a property under an oral or month-to-month lease or when you are choosing not to renew a lease that is set to end. In either situation, you are not terminating the lease, but rather notifying the tenant that you will not be renewing the lease or allowing them to continue in the property. It should be noted that although 30-days notice is required on a month-to-month lease, less notice is required if the tenants pay rent less frequently than monthly under an oral lease or are on a shorter term lease, such as a week-to-week lease. In these instances, the landlord is required only to provide notice equal to the intervals that rent is being paid by the tenant (e.g. 1-week notice if rent is paid weekly). A sample notice of non-renewal is available for download at this link.
If you would like more information about the Kansas Eviction Process and Timeline that takes place after the Kansas eviction notice has been sent, please visit this blog post. If you would like to hire us to handle your Kansas eviction, please click here to get started or here to schedule a free 15-minute consultation.