How to Evict a Roommate in Kansas (and Other Household Situations)
What Kansas law says about roommates who are not on the lease, guests who won't leave, family members, renting a room in your own home, and tenancies at will — each with the statute or official source.
Short answer: A "tenant" is a person entitled under a written or oral rental agreement to occupy a dwelling unit to the exclusion of others, and a "landlord" includes a sublessor. Separately, any person in possession of real property with the owner's assent is presumed to be a tenant at will unless shown otherwise. A roommate allowed by the owner may therefore have tenant rights without signing the lease; under the 2026 squatter law, a person authorized by a tenant to occupy the unit is not a squatter. K.S.A. 58-2543(e), (k), (o); 58-2501; 2026 Kan. Sess. Laws ch. 56 (HB 2378), § 7(b)(4)
| Roommate not on the lease | A "tenant" is a person entitled under a written or oral rental agreement to occupy a dwelling unit to the exclusion of others, and a "landlord" includes a sublessor. Separately, any person in possession of real property with the owner's assent is presumed to be a tenant at will unless shown otherwise. A roommate allowed by the owner may therefore have tenant rights without signing the lease; under the 2026 squatter law, a person authorized by a tenant to occupy the unit is not a squatter. Whether a particular roommate is a tenant depends on the facts. |
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| Removing a roommate or subtenant | A leaseholder who sublets is the roommate's "landlord" under the Residential Landlord and Tenant Act. The roommate's tenancy must be ended with written notice (for month to month, at least 30 days, ending on a rent-paying date) and, if the roommate stays, through a court eviction case. A landlord who unlawfully removes or excludes a tenant, or interrupts essential services, owes the greater of 1.5 months' rent or actual damages. |
| Guests who won't leave | Any person in possession of real property with the owner's assent is presumed to be a tenant at will unless the contrary is shown, and ending a tenancy at will takes 30 days' written notice (or the rent-payment interval, if shorter). Kansas's fast affidavit removal process applies only to a person who entered and remains unlawfully, was not authorized to enter, is not a tenant or holdover tenant, and is not an immediate family member of the owner. Whether a guest is "in possession" or just visiting depends on the facts. |
| Removing a family member or partner | The affidavit squatter-removal process cannot be used against an owner's immediate family member, defined broadly to include a spouse, child, grandchild, parent, in-laws, grandparent, sibling, half-sibling, uncle, aunt, nephew or niece (biological, step or adoptive). A family member living there with the owner's assent is presumed to be a tenant at will, which takes 30 days' written notice and a court case to end. Protection from abuse orders are a separate court process. |
| Renting a room in your own home (lodgers) | No separate lodger statute. Kansas defines a "roomer" as someone occupying a unit lacking a major bathroom and kitchen facility, where major facilities are shared with other units. Only transient occupancy in a rooming house is excluded from the Residential Landlord and Tenant Act, so a non-transient roomer is generally covered. Source: K.S.A. 58-2543(l), 58-2541(d) |
| Tenancy at will | Any person in possession of real property with the owner's assent is presumed to be a tenant at will unless shown otherwise. Either party must give 30 days' written notice to end a tenancy at will, or a periodic tenancy of three months or less; if rent is payable at intervals under 30 days, the notice need not be longer than the interval. Employer-provided housing ends 10 days after written notice. Under the Residential Landlord and Tenant Act, a month-to-month tenancy is ended by written notice at least 30 days before a periodic rent-paying date (K.S.A. 58-2570). Source: K.S.A. 58-2501, 58-2504 |
| Hotel and extended-stay guests | Transient occupancy in a hotel, motel or rooming house is not governed by the Residential Landlord and Tenant Act. No statute sets a number of days after which a hotel guest becomes a tenant. Source: K.S.A. 58-2541(d) |
Never remove someone by changing the locks or taking their belongings: if the person has become a tenant, only a court can order them out. If there is violence or a threat, call 911 and ask about a protective order.
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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.