How to Evict a Tenant in Kansas: Laws, Process, and Timeline
Kansas Eviction Timeline 2026: One Non-Payment Notice, Not Two Sorted by Lease Length
The Kansas Residential Landlord and Tenant Act, K.S.A. § 58-2540 et seq., governs eviction statewide through the district court. This page covers the lawsuit itself: notice, filing, the hearing, the writ.
Grounds and Notice Periods
Worth correcting up front: Kansas doesn’t split the non-payment notice by how long the lease runs. K.S.A. § 58-2564(b) sets a single, flat 3-day notice — there’s no separate 10-day track tied to a lease of a year or longer. The three days run as three consecutive 24-hour periods from delivery or posting, and a notice sent by mail gets 2 extra days on top of the base period.
| Ground | Notice Period | Statute | Curable? |
|---|---|---|---|
| Non-payment of rent | 3 days (5 if the notice is mailed) | K.S.A. § 58-2564(b) | Yes — pay in full within the window |
| Material lease violation or noncompliance affecting health and safety | 30-day termination date, with 14 days inside that window to cure | § 58-2564(a) | Yes, if the breach is remediable by repairs, paying damages, or otherwise — the agreement does not end if the tenant adequately starts a good-faith remedy before the date in the notice |
| The same or a similar breach recurs after that 14-day period | Termination date not less than 30 days out | § 58-2564(a) | No — the second notice can end the tenancy without an opportunity to remedy |
| No-cause, month-to-month | 30 days, ending on a rent-paying date | § 58-2570(b) | N/A |
| No-cause, week-to-week | 7 days | § 58-2570(a) | N/A |
The Court Process
- Notice to leave. K.S.A. 61-3803 requires a separate notice to leave the premises at least three days before the lawsuit is filed (two more days if mailed); it may be combined with the landlord-tenant act notice.
- File. Once notice has run, the landlord files a petition for eviction (forcible detainer) in the district court for the property’s county.
- Appearance date. Under K.S.A. 61-3805 the summons sets an appearance date not less than 3 nor more than 14 days after the summons is issued; if a trial is needed, K.S.A. 61-3807 has it held within 14 days after that appearance date.
- Judgment. A landlord who wins gets judgment against the tenant for possession of the premises.
- Writ of restitution. Judgment alone doesn’t put anyone at the door — under K.S.A. 61-3808(a) the court issues the writ at the landlord’s request.
- Removal. The person named in the writ, not the landlord, executes it within 14 days of receiving it (K.S.A. 61-3808(b)).
What This Costs
An eviction suit runs under Kansas’s code of civil procedure for limited actions (K.S.A. 61-3801), and K.S.A. 61-4001(a)(1) sets its docket fee by the amount claimed: $35 up to $500, $55 over $500 up to $5,000, and $101 over $5,000. Confirm the current total, including the charge for serving the summons, with the district court clerk before filing.
What a Landlord Cannot Do
K.S.A. § 58-2569 bars a landlord from taking back the unit “by action or otherwise” outside the act, naming the interruption of electric, gas, water or other essential service; § 58-2563 lets a tenant who is unlawfully removed, excluded, or cut off recover possession or end the agreement and collect the greater of 1½ months’ rent or actual damages. K.S.A. § 58-2572 bars retaliatory rent increases and service cuts after a code complaint, a repair complaint, or tenants’-union activity, and gives the tenant a defense in a possession action. A rent increase that doesn’t conflict with a lease in effect and is made in good faith to cover costs such as property tax, utility rate or other operating-cost increases is still allowed (§ 58-2572(c)). And a landlord may still sue for possession in three situations: the code violation was caused primarily by lack of reasonable care by the tenant, or by a person or pet on the premises with the tenant’s consent; the tenant is in default in rent; or complying with the code requires alteration, remodeling or demolition that would effectively deprive the tenant of use of the unit (§ 58-2572(d)). Bringing that suit doesn’t release the landlord from the tenant’s claim for damages and injunctive relief over the landlord’s own noncompliance (§ 58-2559(b)).
Frequently Asked Questions
Does Kansas use a different non-payment notice period depending on the lease length? No — that’s a common misreading. K.S.A. § 58-2564(b) sets one flat 3-day notice for non-payment, with 2 extra days if the notice is mailed. There’s no separate 10-day track for a longer lease.
What’s the actual source of the “10 days” figure some guides attach to Kansas non-payment notices? Nothing in § 58-2564(b) supports it. The longer periods in that section belong to the lease-violation ground in subsection (a): 14 days to remedy inside a termination date at least 30 days out — a different ground entirely, not a longer version of the non-payment notice.
Can a Kansas landlord evict without cause? For month-to-month tenancies, yes, with written notice ending the tenancy on a rent-paying date at least 30 days after receipt, under § 58-2570(b); a week-to-week tenancy takes 7 days under § 58-2570(a). A rental agreement for a definite term of more than 30 days isn’t treated as month-to-month even when rent is paid monthly (§ 58-2570(b)), so the 30-day notice doesn’t end it early; the landlord’s possession action comes after the term expires or after the agreement is terminated on a ground such as those in § 58-2564 (§ 58-2570(c)).