Notice to Quit for Non-Payment of Rent (Three Day Notice)
This is a free download of a security deposit notice that can be sent to a tenant. Please note that the use of this form does not create an attorney-client relationship with our firm, and such a relationship can only be formed after the purchasing of services from our firm.
A three-day notice or notice to quit for non-payment of rent is a written document that is provided to the tenant prior to the filing of an eviciton action. As the name implies, the notice must be provided to the tenant at least three days prior to filing an eviction action in Kansas. Three days are defined as three full 24 hour periods. Therefore, if the notice is delivered on Monday at 1pm, the three days will expire on Thursday at 1pm. If the notice is mailed, an additional two days must be added to the notice.
A three-day notice can be delivered by (1) handing it to the tenant, (2) posting it on the tenant’s door, or (3) mailing it to the tenant through certified or a similar service (e.g., UPS, Fedex). If the notice is posted to the door, it is advisable to take a date and time stamped photo of the notice on the door in case the tenant tries to claim it did not receive the notice or that it was not properly posted.
It is important that the landlord does not take any actions to accept the payment from the tenant after the expiration of the three days and prior to sending a Landlord Reservation of Rights Notice as these actions could be found to be waiver of the right to proceed with the eviction. Acceptance of a payment could include taking a check handed to the landlord by the tenant, cashing a check left in a dropbox or picking up a payment from a tenant. If there is any question that an action could be acceptance of a payment and the landlord wants to retain the right to eviction, the landlord should reject the payment and return it to the tenant. Additionally, if the payment is made by money order or other guaranteed funds, it is advisable to retain the payment without depositing it until the completion of the eviction process.
This is a free download of a three-day notice that can be sent to a tenant. Please note that the use of this form does not create an attorney-client relationship with our firm, and such a relationship can only be formed after the purchasing of services from our firm.
For more information about residential evictions, please visit http://rickdavislegal.com/case/residential-evictions/. Moreover, we have prepared an overview of the Kansas eviction process and timeline that is available at http://rickdavislegal.com/kansas-eviction-process-and-timeline/. Finally, the Missouri Attorney General’s Office and Kansas Legal Services have produced landlord-tenant handbooks that contain useful information about the laws related to residential rental properties. Those handbooks are available at the following links: (Kansas) (Missouri)