Every U.S. state has laws requiring a landlord to inform a tenant of an eviction prior to filing a court action, however each state has different specifics regarding these proceedings. Within the state of Kansas, a minimum of three days must be given to the tenant before court action can take place.
In Kansas, for leases of three months or less, the first step of the eviction process is to submit a Three-Day Eviction Notice to the tenant. In general, a minimum of three days of notice is required before an eviction lawsuit can be filed under KSA (Kansas Statues Annotated) 61-3803 and 58-2540.
For leases of more than three months, a 10-Day Eviction Notice can be submitted to prompt the renter to either vacate or pay the delinquent amount.
If a tenant violates a lease provision, a 14-Day Eviction Notice can be submitted to prompt the renter to either solve the problem (often referred to as "curing") or vacate the premises.
After written notice is given to the tenant and the tenant has not responded by either complying or moving out, a landlord in the state of Kansas can then file a lawsuit for eviction (also called "Forcible Detainer") with the Clerk of the District Court. Proof of the tenant's delinquency is required to win the case. The tenant is then served a summons to appear in court. (KSA 61-3804 and 61-3805)
Under Kansas law KSA 61- 3902, the tenant has five days to appeal the court's decision.
Writ of Restitution
If the tenant files no appeal of the court's decision, the court will issue a "Writ of Restitution" which gives the Sheriff's Office permission to forcibly vacate the tenant. The Sheriff has 10 days to evict the tenant.
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