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By Abbey Orzech
Updated on Jun 24, 2022
Reviewed by Melanie Reiff, Staff Editor.
Landlords in Kansas are required to provide tenants with at least three days' notice before they can proceed with filing an eviction lawsuit. For the eviction process to be lawful, they must go through the court system and follow all proper procedures.
Making rent each month is a struggle for many tenants in the United States. From 2000 to 2016, almost one million people were evicted from their homes annually, and this number has grown due to the economic hardship brought on by the COVID-19 pandemic.
If you rent your home, you need to understand the eviction laws in your state. That’s why Jerry, the renters and car insurance super app designed to save folks time and money, has created this guide on the eviction process in Kansas. We’ll discuss the possible reasons for eviction, the timeline of the eviction process, and tips for protecting yourself against unlawful eviction.
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Kansas eviction 101: the three ways you can be evicted
There are several different reasons landlords can evict tenants in Kansas, but in any circumstance, the landlord must give at least three days' written notice before they can file for eviction.
There are three general categories that a landlord’s complaint must fall under for the eviction to be lawful:
- Failure to pay rent: If you are late on your rent, your landlord must give you a three-day notice to either settle the debt or leave the property before they can file for eviction.
- Violation of lease: If your landlord suspects you’ve violated your lease, they must give you 14 days to fix the issue and 30 days before they can officially terminate the lease.
- End of lease or no lease: If your lease is up or you don’t have an official lease, the amount of time required in the notice depends on the length and type of tenancy you have.
If you are still in your lease period, your landlord must prove you are in some violation of your lease to legally evict you. If they can’t prove that but still want to terminate the lease, they may choose not to renew your rental agreement once your lease term is up.
Landlords must provide 30 days' notice to tenants with or without a lease if they have inhabited the rental property on a month-to-month basis and seven days’ notice if they stay in the rental unit on a week-to-week basis.
The notice period is given as time for the tenant to appropriately tend to the landlord’s grievance or quit the property before a legal eviction case is brought against the tenant. Landlords cannot legally evict a tenant without going through a court and the legal eviction process.
Key Takeaway Kansas landlords must provide at least three days’ notice and go through the court system to legally evict a tenant.
A timeline of eviction in Kansas
The timeline of the eviction process in Kansas varies depending on the reason for eviction and what court oversees the hearing. In general, it can take between three weeks to three months. Here’s an overview of Kansas’s eviction timeline:
|Step||How long it typically takes||What to expect|
|Written notice from landlord||3-30 days||Your landlord provides a written notice informing you of the time you have to fix the issue or vacate the property.|
|Summons and Complaint||At least 3 days before the hearing||The landlord must file a complaint with a court, and the court will schedule a hearing.|
|Court hearing||3-28 days||A judge will hear your case, decide if additional hearings are needed, and issue a ruling.|
|Writ of restitution||Few hours to a few days||If the court rules in favor of your landlord, you will be issued a final notice to gather your belongings and leave the property.|
|Eviction||A few hours to 14 days||You will have to quit the property, or law enforcement will come to forcibly remove you.|
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Knowing where you are in the eviction process helps you prepare for your next steps. For example, if you’re pre-trial, it’s a good idea to seek legal advice and gather evidence of your good tenancy and/or your landlord’s poor management.
How to resist eviction in Kansas
Renters in Kansas have rights, so make sure you’re familiar with them. Knowing how you’re protected by law will help you fight against eviction. Here are a few defenses to keep in mind:
- Address the cause of the eviction. In most cases, you can prevent an eviction lawsuit by correcting the issue. Try to fix any damages or pay the rent you owe in any way you can so you can remain in your home.
- Point out a procedural mistake. Landlords in Kansas have to follow the proper procedure to legally evict tenants. If you notice your landlord giving you improper notice, shutting off essential utilities, or changing the locks to try to force you out, your court case may be dismissed.
- Argue that the landlord failed to maintain the property. If your landlord is using property damage as the reason for eviction, but they rarely fulfill your maintenance requests, document it, and it may get your case dismissed.
- Call out discrimination. It is illegal for landlords in Kansas to evict tenants for discriminatory reasons. If you suspect your landlord’s reason for eviction has to do with your race, religion, national origin, sex, gender, or disability, your case may be dismissed.
You may use these defenses in the court case your landlord has against you, or you may use them as evidence to sue your landlord for unlawful eviction.
How to save money on Kansas car and renters insurance
A significant number of people that face eviction are evicted from their homes because they couldn’t pay the rent. As rent prices continue to soar, renters need to be able to save money where they can.
If you want to save money on renters or car insurance, the Jerry app is a good place to start. A licensed broker, Jerry does all the hard work of finding cheap quotes from the top name-brand insurance companies and buying new insurance. Jerry will even help you cancel your old policy.
And to ensure you always have the lowest rate, Jerry will send you new quotes every time your policy comes up for renewal, so you’re always getting the coverage you want at the best price. This level of service is why Jerry earned a 4.6/5 rating on the App Store and made it the top insurance app in the country.
“I wanted to stick with only the insurance my state requires for now. Jerry helped me save $75 a month on my premium!” —Nora H.
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