Roommate eviction can be tricky, complicated, and emotionally charged. It is difficult to go through the eviction process calmly when you deal with the soon-to-be ex-roommate day in and day out. You can directly evict a roommate in Kansas if he is considered a subtenant to you, in which case you would be the landlord. The roommate does not need to have a written agreement with you to be considered your subtenant. A roommate without a written agreement is considered a month-to-month subtenant, whether he pays rent or not.
A roommate in the subtenant position is the only type of roommate you can evict on your own. A co-tenant roommate is evicted by the landlord, so there's not much you can do in that situation other than speaking with the landlord. The steps below all concern subtenant eviction.
Read More: How to Get Rid of a Roommate Legally
Type a written notice to vacate. Kansas requires a 30-day notice to end a month-to-month lease term, a three-day notice for nonpayment of rent, and a 10-day notice for lease violations.
Serve your roommate with the notice to vacate. Given that you're living together, hand delivery is the easiest method. Post the notice on the door and send it certified mail if you are unable to directly serve your roommate.
Go to the District Court for your county, and ask the clerk for Forcible Detainer forms. The Forcible Detainer paperwork consists of two forms: a summons form and a petition. Fill out both forms, detailing the reason for eviction, and the requested judgment. File the forms with the clerk and give him copies of the lease agreement, if any, and the notice to vacate.
Hire a process server to serve the summons to your roommate. You can also ask an adult without any personal interest in the case to serve the notice.
Attend the trial. Bring copies of the petition, notice to vacate, and lease agreement. If your roommate doesn't show up, you are granted a default judgment that includes legal possession of the property and a judgment for back rent, if applicable. The roommate has five days to appeal after judgment.
Go back to District Court and file a Writ of Restitution if your roommate refuses to leave. Deliver the writ to the Sheriff's office and serve your roommate with the writ. Ten days after you give the writ to the Sheriff's Office, an authorized law enforcement officer will arrive to remove the roommate and all his property from the home. The process is video taped, and a locksmith may be hired to change the locks.
Do not attempt to evict the roommate on your own. The only legal method of physical eviction is to gain the Writ of Restitution and allow the Sheriff's Office to handle it.
- Do not attempt to evict the roommate on your own. The only legal method of physical eviction is to gain the Writ of Restitution and allow the Sheriff's Office to handle it.
Tiffany Garden has been a freelance writer since 2002, working in the commercial copywriting field. She has been published in a number of technical and gaming magazines, as well as on numerous websites. She also runs her own websites on a number of subjects, runs a handcrafted jewelry business and is a CompTIA A+ Certified computer technician.