Posted in Blog  
  on Nov 03, 2015

What Is the Eviction Process in Kansas

The eviction process in Kansas can be completed rather quickly when compared to that of other states. How the process proceeds depends on what the tenant violation happens to be. No matter what the violation may be, however, self-initiated eviction efforts are considered illegal and can result in a judgment against the landlord performing them. That's why following the eviction process in Kansas is so important. Here's what you're going to need to do.

1. Deliver a Proper Notice To The Tenant.

When a tenant fails to pay the rent on time they may be served with a 3 day notice. All other violations require at least a 14 day notice. Some exceptions may apply for criminal activities that occur on a rental property. Proof of delivery is required. A 30 day notice is mandatory to terminate a month-to-month lease.

2. File For a Summons And Petition Of Forcible Detainer.

The the tenant does not comply with the notice that was delivered, then landlords must file for a summons and petition the court for a forcible detainer. This summons must be delivered to the tenant. Part of the petition may also include provisions for damages to the property and past due rent. It may take as few as 3 days to set this hearing, but can take no more than 14 days.

3. The 10 Day Dispute Period.

If a tenant believes they have an active defense to an eviction hearing, then they have 10 days to file an answer with the court. They must also serve the landlord with their answer. Monetary counterclaims are also eligible to be included.

4. Vacating When Ordered.

If a landlord prevails in the eviction hearing, then a specific date will be set by the judge for the tenant to vacate. If this does not occur, a landlord must petition the court for what is called a “Writ of Restitution.” Once issued, the local sheriff's office will execute the order within 10 days and supervise the removal of the tenant. Most landlords can have a problematic tenant removed from their rental properties within 3-4 weeks. Although this ends up being a small loss of rental income, the eviction process in Kansas allows for a fairly simple and straightforward process that minimizes the losses rather effectively.


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