Kansas eviction law

If rent is unpaid when due, you may terminate the lease if the tenant does not pay within three days after your written notice of the nonpayment and of your intention to terminate if the rent is not paid within that time. The three days are three consecutive 24-hour periods.

K.S.A. 58-2564(b)

• The three days start when the notice is delivered to the tenant or to someone over 12 living there, or posted in a conspicuous place. If you mail it, allow two more days from the mailing date. K.S.A. 58-2564(b)
• Before filing an eviction suit you must deliver a notice to leave at least three days (three consecutive 24-hour periods) before filing, plus two more days from the mailing date if you mail it. Weekends and holidays count, and this notice may be combined with the Act's notice. K.S.A. 61-3803 See Eviction process on the Kansas page
• Accepting late rent without reservation waives your right to terminate for that late payment, unless you agree otherwise after it. K.S.A. 58-2566

For a material noncompliance with the lease, or with the tenant's duties materially affecting health and safety, you may give written notice naming the breach and stating that the lease ends on a date at least 30 days after the tenant receives it if the breach is not remedied in 14 days. If the breach can be remedied and the tenant starts a good-faith effort before the date in the notice, the lease does not end.

K.S.A. 58-2564(a)

• If the same or a similar breach happens after the 14 days, you may give a notice ending the lease at least 30 days after receipt with no chance to remedy. K.S.A. 58-2564(a)
• You may also recover damages and obtain a court order for the tenant's noncompliance. K.S.A. 58-2564(c)
• If the tenant refuses lawful access, you may terminate the lease or seek a court order, and recover actual damages. K.S.A. 58-2571(a)
• A house rule binds the tenant only if it meets the Act's tests and the tenant had notice of it when signing the lease; a later rule that substantially changes the lease needs the tenant's written consent. K.S.A. 58-2556
• Accepting performance that varies from the lease waives your right to terminate for that breach, unless you agree otherwise after it. K.S.A. 58-2566

Evictions are lawsuits under K.S.A. 61-3801 to 61-3808, filed after a notice to leave delivered at least three days before filing, plus two days if it is mailed. The summons sets an appearance date 3 to 14 days after it is issued, and any trial must be held within 14 days after that date. From July 1, 2026, the court must consider mediation unless it finds mediation would not materially help the parties or is impracticable, and it must continue the case up to 14 days from a mediation order while the parties mediate.

K.S.A. 61-3801 to 61-3808 K.S.A. 61-3803 K.S.A. 61-3805 K.S.A. 61-3807(a) Sub. for HB 2357 (2026)

• The petition describes the premises and why you seek possession, and may ask for unpaid rent. K.S.A. 61-3804
• Outside mediation, a tenant who asks for a continuance must post a bond for the rent and damages that may accrue. From July 1, 2026, the court must continue the case up to 14 days from its mediation order while the parties mediate, with no bond required. K.S.A. 61-3807(b) Sub. for HB 2357 (2026)
• From July 1, 2026, the court must consider mediation in an eviction case unless it finds mediation would not materially help the parties or is impracticable. K.S.A. 61-3806(c) Sub. for HB 2357 (2026)
• After judgment, the court issues a writ of restitution on your request, and it must be executed within 14 days after the officer receives it. K.S.A. 61-3808
• You may ask for immediate possession by motion; after a hearing, the judge may order it if you give an undertaking the court sets. K.S.A. 58-2570(d)
• Claims under the Act are heard in district court and may be brought under the code of civil procedure for limited actions. K.S.A. 58-2542
• Retaliation is a defense to a suit for possession. K.S.A. 58-2572(b) See Retaliation on the Kansas page
• From July 1, 2026, a former tenant may ask the court to expunge an eviction case under the Act. You have 30 days after being served to object. Without an objection the court decides without a hearing and presumes any money judgment is paid. The court must grant expungement once three years have passed since judgment, any money judgment is satisfied and there is no newer eviction judgment. Expungement does not cancel what the tenant owes you. Sub. for HB 2357 (2026)

You may not recover or take possession of the unit by any means, including interrupting electric, gas, water or other essential service, except after abandonment, surrender or as the Act permits.

K.S.A. 58-2569

• If you unlawfully remove or exclude the tenant or willfully cut essential services, the tenant may recover possession or terminate, and recover up to 1 1/2 months' rent or actual damages, whichever is greater. K.S.A. 58-2563
• Apart from the abandoned property procedure, distraint for rent is abolished, and a landlord's lien on the tenant's household goods is unenforceable unless it was perfected before the Act took effect. K.S.A. 58-2567
• The tenant still pays for utilities as the lease provides. K.S.A. 58-2553(a)
• From July 1, 2026, someone occupying without a lease or a tenant's permission (not a tenant or a periodic holdover) is outside the Act. You can have that person removed by giving local law enforcement a sworn affidavit under the Removal of Squatters Act. Never use it against a tenant: a wrongful removal can bring restored possession, actual damages, punitive damages of three times the fair market rent, costs and attorney fees. HB 2378 (2026)

You may treat the unit as abandoned if the tenant is 10 days behind on rent and has removed a substantial part of the belongings, unless the tenant told you otherwise. Property left after abandonment, surrender or a court eviction may be stored at the tenant's expense and sold or disposed of 30 days after you take possession of it.

K.S.A. 58-2565(b) K.S.A. 58-2565(d)

• At least 15 days before the sale you must publish notice once in a newspaper of general circulation in the county, and mail a copy to the tenant's last known address within seven days after publication, naming the tenant, describing the property and giving the approximate sale date. K.S.A. 58-2565(d)
• Until the sale the tenant may redeem the property by paying your reasonable costs of taking, holding and preparing it and any amount owed to you. K.S.A. 58-2565(d)
• Sale proceeds go first to your costs, then to what the tenant owes; you may keep any balance, subject to a secured creditor who gave you notice. K.S.A. 58-2565(e)
• You must make reasonable efforts to re-rent an abandoned unit at a fair rental. K.S.A. 58-2565(c) See Ending a fixed-term lease early on the Kansas page

You may not retaliate by raising rent or cutting services because the tenant complained to a code enforcement agency about a violation materially affecting health and safety, complained to you about your maintenance duties, or organized or joined a tenants' union or similar group.

K.S.A. 58-2572(a)

• A tenant retaliated against may recover possession or terminate and recover up to 1 1/2 months' rent or actual damages, whichever is greater, and has a defense to your suit for possession. K.S.A. 58-2572(b) K.S.A. 58-2563
• You may still raise rent in good faith to cover acts of God, utility rate increases, property tax increases or other higher operating costs, if the increase does not conflict with the lease. K.S.A. 58-2572(c)
• You may still sue for possession if the tenant caused the code violation, is behind on rent, or the repairs required would deprive the tenant of the unit. K.S.A. 58-2572(d)