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Evictions in Kansas
To start an eviction case for unpaid rent in Kansas, we will need:
- The correct legal name of the owner of the property.
- The full address of the rental unit.
- The name(s) of all tenants and adult occupants of the unit.
- The amount of the monthly rent.
- The period of time for which rent is owed and the total amount owed.
- A copy of the 3-day notice to pay or quit.
- The amount of late fees owed and how they were calculated (a copy of the lease will provide most of the needed information).
- Required Notice. In Kansas, the landlord must serve a 3-day notice to pay or quit upon the tenant before filing an eviction. Please contact our office for a free form if needed.
Summons on the Defendant in Kansas
We always use the sheriff to serve the summons on the defendant. Service may be personally on the defendant, on someone who lives with the defendant, or posted on the premises and mailed to the Defendant. In Kansas, each type of service will support a judgment for monetary damages and possession. The court date will be approximately 3 weeks following the filing of the suit. It is likely that the defendant will not be served until shortly before the court date. The sheriff has until 3 days before court to serve the summons.
If the Defendant Does Not Appear in Kansas Court
If the defendant does not appear in court, as is usually the case, we win by default. If the tenant appears in court and disputes the amount, the judge will set it for trial very shortly (usually no more than a week) if the tenant is still in possession.
Once Judgment is Granted in Kansas Evictions Court
(After judgment is granted, either party has the right to an appeal to a Chapter 60 judge if requested within seven days. However, the request for an appeal does not necessarily delay the eviction process, unless the tenant posts a monetary bond with the court, which rarely happens.) At the first hearing, if judgment is granted for the landlord, steps can be taken immediately to evict the tenant(s) or collect the judgment. After we request the writ for possession, the court administrator's office will take action to put the tenant out of the premises. You should be aware that the tenant may be on the property for as long as 10-20 days after the judgment is obtained. The law does not require this delay - it is simply because there are only so many deputies in the county to process all the evictions. We put your name and phone number on the writ for possession so that the court deputy can contact you directly to arrange the move-out date. He will also want to know whether the tenant has vacated voluntarily or if it is still necessary for him to execute the eviction, where he will be present to maintain order. [Deputies are not furniture movers, so you will need to make your own arrangements if it is necessary to physically remove the tenant's belongings.]
Attorney Fees & Court Cost Information in Kansas
Please contact our office for up-to-date information on attorney fees and court costs. Our regular fee covers all legal work necessary in Limited Actions to remove the tenant from the premises. An additional fee may be necessary to defend any counterclaim that may be brought against you or to represent you in an appeal. If a money judgment is taken, a garnishment on a tenant's wages or bank account may be filed. Therefore, it is helpful to know exactly where the tenant works or where he/she has an open and active bank account. In order to enforce a garnishment, it is necessary to have the defendant's social security number.