Standard Kansas Eviction
The filing of a standard eviction action and removal of the tenant(s) from the property, including all costs associated with the same.
Please see the description below for more information about the Kansas eviction process.
The legislature has established a streamlined set of specialized procedures for Kansas eviction actions, which results in a rather predictable timeline form the date of filing through the removal of the tenant from the property. Kansas law states that the initial hearing must be scheduled within fourteen (14) days of the initial filing. Moreover, most Kansas courts have a set day for eviction hearings so the hearing date can often be determined prior to filing. The initial hearing is very short as there are usually numerous cases being called at the same time. During the initial hearing, the judge (or the attorney in Johnson County) will call the tenant’s name and ask the tenant if they admit or deny the failure to pay rent or lease violation. If the tenant does not show up for the hearing or admits the allegations in the petition, the landlord prevails. If the tenant shows up and denies the allegations in the petition, the case is scheduled for a trial within eight (8) days of that initial hearing.
If a trial is necessary, the judge may elect to resolve only the issues of whether or not the tenant should be removed from the property and hold a second trial (usually several months later) to determine the amount of money the tenant owes to the landlord. In the alternative, the judge may elect to decide both issues at the trial.
Once the court has found in favor of the landlord, the landlord’s attorney will submit a “Writ of Restitution” to the judge for his or her signature. This document is an order from the court directing the sheriff to remove the tenant(s) from the property. It generally takes a day or two to get the signed order back from the judge and Kansas law provides the sheriff with up to fourteen (14) days to remove the tenant from the property. The sheriff will usually call in advance to provide the date and time for the “lock-out.” The landlord (or his or her representative) usually meets the sheriff at the property for the lockout so they locks can be changed. Landlords are required to store any property left in the rental for thirty (30) days and to publish a notice in the newspaper prior to disposing of the personal property.
Unlike other firms that charge additional fees for each stage in the eviction process, our fees for a Kansas eviction package includes all legal fees and costs from filing through the removal of the tenant from the property. This includes the legal fees, fees to the court for both filing the case and requesting the writ to remove the tenant from the property, and the sheriff’s fees for delivering the initial notice of the case and for removing the tenant from the property. For more information about what is included in this Kansas eviction package, please review the “What’s Included” and “What’s Not Included” tabs on this webpage. Please also note that the “Getting Started” tab sets forth the basic steps after your submission of this order request and what will be required so we can get started working on your matter.
Please note that all orders are subject to our terms and conditions, which are available for your review at www.rickdavislegal.com/legal-services- terms-of-service/.
- Introductory Phone Call. A 30-minute phone call to meet an attorney and discuss your specific needs and requests.
- Review of Client Paperwork. We will review your paperwork related to this matter to ensure you can obtain the relief requested. If there are any issues with your paperwork, we will bring these to your attorney. If not, we will proceed to seek the relief requested.
- Filing of Legal Action. Once we have reviewed your paperwork, we will file a legal action on your behalf seeking the desired relief.
- Preparation of Consent or Default Judgment. We will draft the necessary consent or default judgment orders and submit the same to the Court for the judge’s signature.
- Standard Litigation Costs. In addition to legal services, the prices set forth above include the following standard litigation costs: (1) filing fees, (2) services fees, (3) travel fees to the courthouse, and (4) black and white copies of documents for the court.
- No Surprises. As we are charging a set rate, you will not be surprised by the bill you receive at the end of the month and you can easily estimate the costs of continued litigation when evaluating settlement offers.
- Open Communication. Throughout the course of the litigation, we will provide you with regular updates on the events or documents filed in the case. Additionally, because you are not paying by the hour, you can feel free to ask questions without worrying about a large bill at the end of the month.
- Privacy. Once we have confirmed there are no conflicts of interest and accepted this matter, the information you share and everything you discuss while working together is protected by attorney-client privilege.
- Honest and Practical Advice. We will promptly communicate all settlement offers with you and provide advice based on the risks of proceeding with the litigation even if it means lower legal fees to our firm. If you have questions regarding your matter, we will provide you with practical and straight-forward answers regarding the same.
What's Not Included
- Contested Trial. A standard eviction trial, which is defined as a trial wherein the only issue is the payment or non-payment of rent, is included in the rate set forth above. If the tenant files an answer that includes counterclaims, additional fees shall apply.
- Damages Hearing. If after the eviction you discover the tenant has damaged the property and you would like to pursue a judgment for the damage, additional fees shall apply.
- Contested Litigation. If a party files an answer that does not admit the contents of the petition or any counterclaims, additional legal fees shall apply.
- Other Legal Services. We are being retained only for the specific legal services contemplated herein and for a single dispute. Any questions or issues outside of the scope of the matter we are handling will require the purchase of additional services as appropriate based on the nature of the additional legal services being requested.
- Appeals. The services purchased here are for trial level litigation only and do not include any appeals, motions for reconsideration, etc. Similarly, court fees related to the filing of an appeal are also not included.
- Collection. If the matter is resolved through settlement or mediation, the collection of those fees are included in this service. Additionally, if another party voluntarily pays fees after a judgment, we will forward the same to you without any additional charge. If, however, the judgment is not voluntarily paid and additional collection efforts are required — such as garnishment, the sale of real estate or aid of execution hearings — additional legal fees shall be required before any such work is performed.
- Hearings or Trials. This package does not include an appearance at any hearings or trials other than an initial hearing and/or hearing on a motion for default judgment (if either are applicable or required).
- Depositions or Mediation. This package does not include any depositions or mediation as it only covers an uncontested legal action.
Thank you for your interest in working with our firm. For your reference, we have created this guide to explain to new and prospective clients how to get started working with our firm. Please be advised that the new client process will vary slightly depending on the type of matter. Therefore, please be sure to review the “Getting Started” tab for the specific services you are contemplating.
- Case Evaluation/Initial Consultation (can also be after the online signup). The first step in the process is for you to schedule an initial consultation with our firm. The additional consultation is 15 minutes and is no charge. During the initial consultation, you will share some basic information about your situation and why you are contacting our firm. We will then advise regarding the services we provide, the fees we charge, and if we would be a good fit to represent you in your matter. If this is a straightforward matter, we may proceed directly to step 3 below, or if necessary, we may schedule a second consultation. If you would like to schedule an initial consultation, you can do so online by clicking on this link.
- Online Signup. If we mutually agree to move forward with our firm’s representation of you after the consultation, we will send you an email with a link you can use to sign up for services on our website. When you complete the online order process, you will be provided with a copy of our terms and conditions that outline the basic terms of the representation, including our billing and communication policies. You can review these policies at any time at www.rickdavislegal.com/legal-services- terms-of-service/. If you sign up for services directly from our website prior to a consultation, we will reach out to schedule a time for an initial consultation prior to any fees being earned by the firm. If during the initial consultation it is determined we can not assist you for any reason, all funds paid will be promptly returned to you.
- Payment. After you have submitted your order, you will be provided with a link you can utilize to submit payment with a debit/credit card. If you would prefer, you can also mail or drop off a check at our office located at 8826 Santa Fe Dr, Ste 100, Overland Park, Kansas 66212. Whichever method you select, please be advised that no work will be performed on your matter until we have received payment.
- Intake Form. Once we have confirmed receipt of your payment and confirmed we do not have any conflicts of interest (if not previously completed), you will receive an email that contains a link to our online intake form that you can use to submit information to us about your matter and upload any relevant documents. The online intake form helps to ensure that we have all of the information needed to fully assist you with your matter. Moreover, by using an online form, we are able to avoid additional costs associated with having a lengthy conversation with the attorney to gather this information. With that being said, if you are uncomfortable with the online intake form, you are welcome to call our office to discuss the information necessary for your matter.
- Attorney Review. Within two (2) business days of the receipt of your online intake form and documents, the attorney will review the information you submitted and begin work on your matter. If there are any concerns noted based on the information provided, the attorney will contact you promptly to discuss the same. If not, you should receive a welcome email from our firm that will discuss the basic process and timeline for the handling of your matter.
It is our hope that outlining the process helps to make the establishment of a relationship with our firm easier. It also helps to streamline our internal processes to ensure that we devote our time to providing the highest level legal services to our clients. If you have any questions about this process, please feel free to contact our office at (913) 283-8300.