Kansas Abandoned Tenant Property Notice

Introduction

Key Things to Know

1. 1

   A Kansas abandoned tenant property notice is a newspaper notice of the landlord's intention to sell or dispose of what a former tenant left, plus a mailed copy. K.S.A. 58-2565(d) sets three contents for it: the name of the tenant, a brief description of the property, and the approximate date on which the landlord intends to sell or otherwise dispose of it. There is no printed statutory form.

2. 2

   Two events can start the procedure. One is a tenant who abandons or surrenders possession and leaves household goods, furnishings, fixtures or any other personal property in or at the unit. The other is a tenant removed as a result of a forcible detainer action who fails to take the property after possession is returned to the landlord. Kansas runs both through the same subsection.

3. 3

   Subsection (b) lets the landlord assume abandonment once the tenant is 10 days in default for nonpayment of rent and has removed a substantial portion of his or her belongings, unless the tenant has notified the landlord to the contrary. A tenant's message saying they are coming back defeats the assumption.

4. 4

   Three clocks run together. The 30 days are counted from the day the landlord takes possession of the property. The newspaper notice must be published once, at least 15 days before the sale or other disposition. And a copy of the published notice must be mailed to the tenant's last known address within seven days after publication. A sale date that satisfies only one of these is too early.

5. 5

   Storage is at the tenant's expense under subsection (d). During the 30-day period, and at any time before the sale or other disposition, the tenant may redeem the property by paying the landlord's reasonable expenses of taking, holding and preparing it for sale, together with any amount due from the tenant for rent or otherwise.

6. 6

   Proceeds follow the order in subsection (e): expenses of taking, holding, preparing, giving notice and selling or disposing; then amounts the tenant owes for rent or otherwise; and the balance, if any, may be retained by the landlord without liability, except to a secured creditor who gave notice of its interest before the sale. A buyer without knowledge of a third party's rights takes title free and clear under subsection (f).

7. 7

   Some things the section does not address. K.S.A. 58-2565 names no dollar threshold, carves out no category such as papers, photographs or tools, and states no penalty figure for a landlord who skips the steps. Its protection is the other way round: only if the foregoing requirements are met may the landlord sell or dispose of the property without liability to the tenant. Attorney review is available where the facts are close.

Kansas Requirements for Abandoned Tenant Property Notice

• Facts Showing Abandonment, Surrender or Removal

  Record which trigger applies under K.S.A. 58-2565: abandonment or surrender with property left behind, or removal as a result of a forcible detainer action followed by return of possession. For an assumed abandonment, note the 10 days of rent default, the substantial portion of belongings removed, and that the tenant has not notified you to the contrary.

• The Date You Took Possession of the Property

  The 30-day period in subsection (d) runs from the day the landlord takes possession of the property, not from the notice. Write that date down with a dated inventory and photographs, since it fixes the earliest possible sale date along with the publication and mailing dates.

• Storage at the Tenant's Expense

  The statute allows the landlord to store the property at the tenant's expense. Keep receipts for moving and storage. Only the reasonable expenses of taking, holding and preparing the property for sale can be charged when the tenant redeems, and the same expenses come first out of any sale proceeds.

• The Tenant's Name

  K.S.A. 58-2565(d) says the notice shall state the name of the tenant. Use the name on the lease, and add any other adult occupant who left property, so that the published notice identifies whose goods are being sold.

• A Brief Description of the Property

  The notice must carry a brief description of the property. A short list by category, such as a sofa, two beds, kitchen items and boxes of clothing, meets the wording while the full inventory stays in your file. Note any item you know is subject to a loan, since a secured creditor who gives notice keeps its interest.

• The Approximate Sale or Disposal Date

  State the approximate date on which you intend to sell or otherwise dispose of the property. Choose a date no earlier than 30 days after taking possession and at least 15 days after the newspaper publication date.

• One Newspaper Publication and a Mailed Copy

  Publish the notice once in a newspaper of general circulation in the county where the unit is located, at least 15 days before the sale. Within seven days after publication, mail a copy of the published notice to the tenant's last known address. Keep the affidavit of publication and proof of the mailing date.

• Applying Proceeds in the Statutory Order

  Under subsection (e), apply sale proceeds first to the reasonable expenses of taking, holding, preparing, giving notice and selling, then to rent or other amounts the tenant owes. Only after those two steps may the balance, if any, be retained by the landlord, and only where the subsection (d) requirements were met. Keep the accounting with the sale record.