Facing Eviction in Kansas: What Can I Do?

The notice

1. 1

   If you pay rent late, your landlord must give you a written notice before ending your lease. The notice must say you have 3 days to pay what you owe. Kansas counts those 3 days as three full 24-hour periods. The clock starts when you get the notice in person, from someone 12 or older at home, or posted where you'll see it. If your landlord mails the notice instead, you get 2 extra days to pay.

   Source:

   1. § 58-2564(b), Kansas Office of Revisor of Statutes. Law.
2. 2

   Your landlord can send a written notice if you seriously break a lease rule, or seriously break a Kansas rental health and safety rule. The notice must describe what you did. It must say your lease will end in at least 30 days, unless you fix the problem within 14 days. If you make a good faith effort to fix it before that date, your lease will not end. If you break the same rule again later, your landlord can send a new 30-day notice without giving you another chance to fix it.

   Source:

   1. § 58-2564(a), Kansas Office of Revisor of Statutes. Law.
3. 3

   Before your landlord can file an eviction lawsuit in court, your landlord must first give you a written notice to leave the property. This notice must reach you at least 3 days before the lawsuit is filed. Kansas counts weekends and holidays as part of those 3 days. If your landlord mails you the notice, you get 2 more days before the lawsuit can be filed. Your landlord can send this notice together with another notice allowed under Kansas's renter law.

   Source:

   1. § 61-3803, Kansas Office of the Revisor of Statutes. Law.
4. 4

   Your landlord cannot raise your rent or cut your services to punish you. This rule protects you in 3 situations. You reported a housing code problem that seriously affects health and safety to the government agency in charge of enforcing it. You complained to your landlord about a problem covered by the state's repair law. You started or joined a tenants' group. If your landlord breaks this rule, you can use it as a defense if your landlord tries to evict you.

   Source:

   1. § 58-2572(a)-(b), Kansas Office of the Revisor of Statutes. Law.
5. 5

   Even with this protection, your landlord can still raise your rent in good faith to cover higher costs. This kind of increase must not go against your lease. Your landlord can also still try to evict you in some cases. One is if lack of reasonable care by you, someone you let into your home, or a pet mainly caused the code violation. Another is if you are behind on rent. A third is if fixing the violation would require you to move out anyway.

   Source:

   1. § 58-2572(c)-(d), Kansas Office of the Revisor of Statutes. Law.

Going to court

6. 6

   To start an eviction case, your landlord files a petition (the document that starts the lawsuit) in court. The petition must describe the property and explain why your landlord wants it back. It can also ask the court to order you to pay rent you owe. Instead, your landlord can sue for that money in a separate case later.

   Source:

   1. § 61-3804, Kansas Office of the Revisor of Statutes. Law.
7. 7

   After your landlord files the case, the court sends you a summons (a notice with your court date). You must go to court in person, or with a lawyer, on that date. Instead, you can send the court a written answer (your reply to the petition) before that date.

   Source:

   1. § 61-3806, Kansas Office of the Revisor of Statutes. Law.
8. 8

   If your case goes to trial, the court must hold it within 14 days after your court appearance date. You can ask the court for a continuance (more time). The court will only allow it if you post a bond. A bond is a payment that guarantees you can cover the rent and any extra money you may owe if you lose the case.

   Source:

   1. § 61-3807(a)-(b), Kansas Office of the Revisor of Statutes. Law.

After the court decides

9. 9

   If the court rules against you, the judge can order a writ of restitution (a court order letting your landlord take back the home). The officer serving this order must carry it out within 14 days, using reasonable force if necessary. If you appeal and the court pauses the case, the officer must stop trying to remove you. If you were already removed, the officer must let you back in right away.

   Source:

   1. § 61-3808(a)-(c), Kansas Office of the Revisor of Statutes. Law.