How to Evict a Tenant in Kansas (2026)
The legal steps for landlords in Kansas — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Kansas a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | 3 days' written notice to pay or the lease terminates (three consecutive 24-hour periods from delivery or posting; add 2 days if mailed). Before filing, a 3-day notice to leave the premises is also required; it may be combined with the RLTA notice. |
|---|---|
| Lease violation | Written notice that the lease will terminate on a date at least 30 days after receipt unless the breach is remedied within 14 days. If the same or a similar breach recurs after the 14-day period, the landlord may give a 30-day termination notice with no opportunity to cure. Source: K.S.A. 58-2564(a) |
| Ending a month-to-month tenancy (no fault) | Either party: written notice terminating on a periodic rent-paying date at least 30 days after receipt. Week-to-week: at least 7 days. Tenants on military orders need give no more than 15 days' notice. Source: K.S.A. 58-2570(a)-(b) |
Local rent-control or just-cause rules can limit evictions: Preempted: no county, city, township or other political subdivision may enact, maintain or enforce rent control on privately owned residential or commercial property (voluntary incentive agreements excepted).
Step 2: Write and deliver the notice correctly
| What the notice must say | Written notice of nonpayment and of the landlord's intention to terminate the rental agreement if rent is not paid within 3 days. The 3 days are three consecutive 24-hour periods starting at delivery or posting when the notice is served on the tenant or on someone over 12 residing on the premises, or posted in a conspicuous place; if mailed, add 2 days from the mailing date. Before filing the eviction suit, a 3-day notice to leave the premises must also be delivered (same methods, or mailing to the premises address; weekends and holidays count), but it may be combined with the RLTA notice. |
|---|---|
| How it must be delivered | The 3-day notice to leave the premises (required before filing an eviction) may be delivered by: (1) handing a written copy to the tenant; (2) leaving a copy with anyone over 12 living on the premises; (3) if no such person is found, posting it conspicuously on the premises; or (4) mailing it to the tenant at the premises address. The 3 days are counted as three consecutive 24-hour periods from delivery, posting or mailing, with 2 extra days if mailed. Weekends and holidays count. The same delivery and timing rules apply to the RLTA 3-day nonpayment notice. No statute authorizes e-mail or text service. |
Notice forms:
- Kansas notice to pay rent or quit — requirements and free draft
- Kansas notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in Kansas are heard in: Kansas District Court (limited actions) in the county where the property is located.
- Serve the RLTA notice (3-day nonpayment, 14/30-day lease violation, or 30-day month-to-month) and a 3-day notice to leave the premises (may be combined)
- File an eviction petition describing the premises and grounds
- Summons sets an appearance date 3 to 14 days after issuance; tenant must appear or file a written answer by that date
- For RLTA tenancies, the court must consider mediation (continuance of up to 14 days while mediating), effective July 1, 2026
- Trial, if needed, within 14 days after the appearance date; judgment
- Writ of restitution issued at landlord's request and executed within 14 days by the sheriff or authorized process server
Court timing: Appearance/answer date 3 to 14 days after summons issues; trial within 14 days after the appearance date.
How long it takes to evict a tenant in Kansas
For unpaid rent, the notice period is 3 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in Kansas
Court filing and service fees are set locally. Verified fees in the largest Kansas counties:
| County | Filing and service fees |
|---|---|
| Johnson County (Olathe / Overland Park) | $55.50 (claim $500 or less), $75.50 ($500.01-$5,000), $121.50 (over $5,000) - docket fee plus $19 surcharge; card payments add a $4.95 processing fee |
| Sedgwick County (Wichita) | $56 (claim $500 or less), $76 ($500.01-$5,000), $122 (over $5,000) - limited civil action docket fee incl. surcharge and Sedgwick County's additional $2 fee; service costs extra |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Either party: written notice terminating on a periodic rent-paying date at least 30 days after receipt. Week-to-week: at least 7 days. Tenants on military orders need give no more than 15 days' notice. Source: K.S.A. 58-2570(a)-(b) |
|---|---|
| Someone who was never a tenant (squatter / unauthorized occupant) | Removal of Squatters Act (2026). A squatter is someone occupying a dwelling who is not entitled to occupy it under a lease or rental agreement and lacks a tenant's authorization (periodic holdover tenants are excluded). The owner or agent posts a notice at the unit that the occupant has no right to stay and must vacate immediately (giving the address where the affidavit will be delivered), then delivers a notarized affidavit to the county law enforcement agency stating: affiant is the owner/agent; a person entered and remains unlawfully; the person was not authorized to enter; is not a tenant or holdover tenant; was asked to leave and has not; and is not the owner's immediate family member. After verifying ownership and at least 24 hours after receiving the affidavit, an officer serves a notice to vacate immediately (hand delivery or posting), may charge up to $50, and tries to identify all occupants. A knowingly false affidavit is a class A nonperson misdemeanor. A wrongfully removed person may sue the affiant for restored possession, actual costs and damages, punitive damages of three times the fair market rent, and attorney fees. Squatter occupancy is excluded from the Residential Landlord and Tenant Act, so no eviction case is required. |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | If the landlord unlawfully removes or excludes the tenant or willfully interrupts electric, gas, water or other essential services, the tenant may recover possession or terminate the lease and recover the greater of 1.5 months' rent or actual damages. Source: K.S.A. 58-2563 |
|---|---|
| Retaliation | Landlord may not retaliate by increasing rent or decreasing services after a tenant complains to a code-enforcement agency about a health/safety violation, complains to the landlord about a K.S.A. 58-2553 violation, or organizes or joins a tenants' union. Remedies: those in K.S.A. 58-2563 (recover possession or terminate, plus the greater of 1.5 months' rent or actual damages) and a defense to eviction. No statutory presumption period. Source: K.S.A. 58-2572 |
| Accepting rent after the notice | Yes. If the landlord accepts late rent without reservation, or accepts non-rent performance that varies from the rental agreement, the landlord waives the right to terminate the rental agreement for that breach, unless the parties agree otherwise after the breach. Landlords commonly accept payment 'with reservation' (in writing) to keep the right to terminate. Source: K.S.A. 58-2566 |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Kansas eviction FAQ for landlords
How much notice does a landlord have to give to evict for unpaid rent in Kansas?
3 days' written notice to pay or the lease terminates (three consecutive 24-hour periods from delivery or posting; add 2 days if mailed). Before filing, a 3-day notice to leave the premises is also required; it may be combined with the RLTA notice.
How much does it cost to evict a tenant in Kansas?
Court fees are set locally — for example, Johnson County (Olathe / Overland Park): $55.50 (claim $500 or less), $75.50 ($500.01-$5,000), $121.50 (over $5,000) - docket fee plus $19 surcharge; card payments add a $4.95 processing fee.
Can a landlord change the locks to evict a tenant in Kansas?
If the landlord unlawfully removes or excludes the tenant or willfully interrupts electric, gas, water or other essential services, the tenant may recover possession or terminate the lease and recover the greater of 1.5 months' rent or actual damages.
How do you evict a tenant without a lease in Kansas?
Either party: written notice terminating on a periodic rent-paying date at least 30 days after receipt. Week-to-week: at least 7 days. Tenants on military orders need give no more than 15 days' notice.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.