Kansas Eviction Notice Overview
Kansas uses a 3-day notice for non-payment of rent under K.S.A. 58-2564(b) for tenancies under the KRLTA. For tenancies not covered by the Act, a 10-day notice may apply. Kansas does not use a 5-day notice. Evictions are filed in District Court.
Understanding the correct notice period is critical for Kansas landlords. Using a 5-day notice when the law requires a different period will result in the court dismissing the eviction case, costing the landlord additional time and filing fees. Always verify the current Kansas statutory requirements before serving any eviction notice.
3-day (sometimes 10)
Actual notice period
$52 - $65
Court filing fee
District
Court type
3-6 Wks
Total process
Why Kansas Uses 3-day (sometimes 10), Not 5 Days
Important: Kansas Does Not Have a 5-Day Notice
A 5-day eviction notice is not the correct notice period in Kansas. Under K.S.A. 58-2564(b), the required notice for non-payment of rent is 3-day (sometimes 10). Serving a 5-day notice will likely result in the court dismissing your case. Use the correct 3-day (sometimes 10) notice period.
States that do use a 5-day notice include Arizona, Delaware, Hawaii, Illinois, Oklahoma, Rhode Island, South Carolina, Virginia, and Wisconsin. Kansas is not among them. The 3-day (sometimes 10) notice requirement in Kansas applies to the most common eviction scenario: non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under Kansas law.
If you are a landlord in Kansas, ensure your eviction notice complies with K.S.A. 58-2564(b) and includes all elements required by District Court. Using our Kansas-specific template ensures you have the correct notice period and statutory language.
Kansas Legal Requirements for Eviction Notices
To withstand judicial scrutiny in Kansas District Court, your eviction notice must contain all elements required by state law. Missing even one required element gives the tenant grounds to challenge the notice.
Required Notice Contents
- Tenant Names: Full legal names of all adult tenants on the lease agreement
- Property Address: Complete address including unit number, city, and Kansas county
- Amount Owed: For non-payment cases, specific dollar amount of rent due plus any lawful late fees
- Notice Period: Clear statement of the 3-day (sometimes 10) period to pay or vacate as required by K.S.A. 58-2564(b)
- Consequences: Warning that failure to pay or vacate will result in eviction proceedings in District Court
- Landlord Information: Name, signature, and contact information of the landlord or property manager
- Date of Service: The date the notice is delivered, which starts the 3-day (sometimes 10) clock
How to Serve an Eviction Notice in Kansas
Proper service of the eviction notice is essential under Kansas law. District Court judges regularly dismiss cases where the landlord cannot demonstrate proper service.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a process server for documentation. This is the method Kansas courts trust most.
Substituted Service
If the tenant is not available, leave the notice with a competent adult (18+) residing at the property. Record the name and date of service.
Post and Mail
Post the notice on the main entry door and mail a copy via first-class or certified mail. Use this as a last resort when personal delivery fails.
Document Everything
Prepare a proof of service affidavit recording the date, time, method, and witnesses. Kansas courts require this when filing the eviction complaint.
File After Notice Period Expires
Once the 3-day (sometimes 10) period expires without payment or vacancy, file the eviction complaint at the District Court in the jurisdiction where the property is located.
Kansas Eviction Timeline
The eviction process in Kansas follows a specific timeline from notice to enforcement. A typical uncontested eviction takes approximately 3-6 Wks from the date the notice is served. Contested cases can take significantly longer.
After the 3-day (sometimes 10) notice period expires and the complaint is filed, the court schedules a hearing. At the hearing, the judge reviews the notice, lease, and proof of service. If the landlord prevails, the court enters a judgment for possession.
Following the judgment, the tenant has a limited time to appeal or vacate. If the tenant does not leave voluntarily, the landlord obtains a writ of possession, and the sheriff or constable enforces the removal. Self-help evictions are illegal in Kansas and can expose the landlord to substantial liability.
Kansas Eviction Filing Fees & Costs
Below are the typical costs associated with the eviction process in Kansas. Actual fees may vary by county and specific circumstances.
| Fee / Cost | Typical Amount |
|---|---|
| District Court Filing Fee | $52 - $65 |
| Service of Process | $25 - $75 |
| Writ of Possession | $25 - $100 |
| Attorney Fees (Uncontested) | $400 - $2,000 |
Sample Kansas Eviction Notice
Below is a preview of the Kansas-specific eviction notice using the correct 3-day (sometimes 10) notice period required by K.S.A. 58-2564(b).
NOTICE TO PAY RENT OR QUIT
STATE OF KANSAS
Pursuant to K.S.A. 58-2564(b)
TO TENANT(S):
Name(s): [All Tenant Names]
Address: [Full Kansas Address]
NOTICE:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to K.S.A. 58-2564(b), you have 3-DAY (SOMETIMES 10) from the date of service to pay the total amount due or surrender possession.
KANSAS COMPLIANCE
This notice uses the correct 3-day (sometimes 10) period required by Kansas law under K.S.A. 58-2564(b). A 5-day notice is not valid in Kansas.