In cases of non-payment of rent in Kansas for a period less than 3 months, a 3-day notice is issued by the landlord to a tenant and others possessing the leased premises. It is the first step towards initiating legal proceedings, allowing a tenant to pay arrears or vacate the premises.
In the State of Kansas, tenants and landlords follow rules stipulated under the Kansas eviction process. Due vigilance must be exercised by a landlord to follow the process in its entirety without indulging in self-eviction or cutting off basic supplies.
The following points must be included in the notice.
- Advisory note highlighting the exact amount owed and date on which the amount is due.
- Payment is due within 3 days, or the tenant vacates and surrenders possession, failing which legal action will be taken.
How The Notice Is Served
- The notice is personally handed over to a tenant or others over 12 years of age within the leased property.
- If a tenant or other responsible person is not found within the premises, the notice can be slipped under the door in a way outsiders cannot access it. Certified or registered mail can also be used.
- Whenever possible, photographs of how the notice was served must be presented in court.
Other Conditions To Note
- In the case of a month-to-month lease, a landlord can issue the tenant a 30-day notice to vacate the leased property without justifying the reason.
- A grace period is normally offered to a tenant beyond the notice period to pay rent arrears.
- In case rent is increased, proper notice must be given to the tenant.
- If the landlord accepts partial payment of rent arrears, the process leading to eviction of a tenant for non-payment of rent is delayed.
Precautions For Landlords
- If a tenant gives a written notice to improve sanitary or unsafe conditions, the landlord must oblige before proceeding with legal action.
- Retaliatory or forced eviction can seriously affect the landlord’s right to proceed with legal action leading to eviction or payment of rent arrears.
- Kansas Landlord Tenant Law and Regulation is a good source for laws and regulations concerning both landlords and tenants in the State of Kansas.
Rent payment arrears exceeding three months lead to a 10-day notice. Details can be found at Kansas 10-Day Notice For Non-Payment.