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Kansas Eviction Notice

Kansas eviction notice: the 3-day pay-or-quit rule and 14-day cure period under K.S.A. 58-2564. Free template, statute cites. Attorney review available.

Introduction

An eviction notice is a written notice a landlord serves on a tenant to begin ending a tenancy for cause, before filing an eviction case in Kansas district court. The document below is the actual notice to fill out and serve, not a general walkthrough of how Kansas eviction law works. In Kansas, the notice you serve depends on why you're evicting: nonpayment of rent gets a 3-day pay-or-quit notice, and a material lease violation or a health-and-safety-code breach gets a 14-day cure-or-quit notice that only terminates the tenancy 30 days after the tenant receives it. If the tenant fixes the problem within the 14 days, the tenancy continues. Kansas does not have a separate short "unconditional quit" notice tied to specific incurable grounds the way some states do. Even when a repeat violation forfeits the tenant's cure right under K.S.A. 58-2564(a), letting the landlord skip the second cure chance, the notice period still must be at least 30 days rather than dropping to a fast no-cure removal. Kansas's Residential Landlord and Tenant Act, K.S.A. 58-2540 through 58-2573, governs the notice process. The 3-day rent notice is computed as three consecutive 24-hour periods, not simply three calendar days, and two extra days are added if the notice is mailed rather than delivered in person or posted. There's no state-mandated form for the notice itself, though the Kansas Judicial Council publishes an optional template landlords can use. Serve the wrong notice type or the wrong day count, and the eviction case can be delayed or dismissed.

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Key Things to Know

  1. 1

    An eviction notice is a written notice a landlord must serve on a tenant to begin ending a tenancy for cause, before filing an eviction case in district court.

  2. 2

    Kansas does not use a separate short "unconditional quit" notice tied to specific incurable grounds the way some states do. If the same or a similar lease violation happens again after an earlier 14-day cure notice, K.S.A. 58-2564(a) lets the landlord skip the second cure chance, but the notice period still must be at least 30 days rather than a fast no-cure removal.

  3. 3

    Nonpayment of rent gets a 3-day pay-or-quit notice, computed as three consecutive 24-hour periods. Two extra days are added if the notice is served by mail instead of personal delivery or posting. (K.S.A. 58-2564(b))

  4. 4

    A material lease violation, or a violation of the tenant's statutory duties that materially affects health and safety, gets a 14-day cure-or-quit notice: the tenant has 14 days to fix the problem, and the tenancy terminates on a date not less than 30 days after the tenant received the notice if it isn't fixed. (K.S.A. 58-2564(a))

  5. 5

    The governing law is the Kansas Residential Landlord and Tenant Act, K.S.A. 58-2540 through 58-2573, which sets the notice rules and applies to residential dwelling units statewide.

  6. 6

    The 3-day rent notice may be served personally on the tenant, left with a person over 12 years old living on the premises, or posted in a conspicuous place; the 3-day clock starts at delivery or posting, or two days later if mailed. (K.S.A. 58-2564(b))

  7. 7

    There's no state-mandated form for the pre-filing notice itself, but the notice must state specific things: for a cure notice, the acts and omissions that constitute the breach; for a nonpayment notice, that rent is unpaid and the landlord's intent to terminate if it isn't paid in three days. The Kansas Judicial Council publishes an optional "Pre-Eviction Notice of Termination & Notice to Leave" template landlords may use. (K.S.A. 58-2564)

Key decisions before you file

Before you file a Eviction Notice in Kansas, a few decisions shape the document: which option to choose and what each one means. The Eviction Notice guide walks through them.

Open the Eviction Notice guide

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Kansas Requirements for Eviction Notice

  • Notice Period for Nonpayment of Rent (K.S.A. 58-2564(b))

    3-day pay-or-quit notice, computed as three consecutive 24-hour periods, not simply three calendar days. If served by mail, an additional 2 days from the date of mailing must be allowed for the tenant to pay before the rental agreement terminates.

  • Service of the Nonpayment Notice (K.S.A. 58-2564(b))

    Personal delivery to the tenant, delivery to a person over 12 years of age residing on the premises, or posting a copy in a conspicuous place on the premises. The 3-day notice period begins at delivery or posting; if the notice is delivered by mailing, an additional 2 days must be allowed. Corrects the prior citation to K.S.A. 58-2510, which is part of Kansas's older pre-1975 general landlord-tenant statute, not the Residential Landlord and Tenant Act provision that governs this notice today.

  • No-Cure Termination Notice for Repeat Violations (K.S.A. 58-2564(a))

    If the same or a similar breach recurs after an earlier 14-day cure notice, the landlord may deliver a written notice that the rental agreement will terminate on a date not less than 30 days after receipt, with no opportunity to remedy the breach a second time. The notice period is still 30 days minimum; what changes is that no cure chance is offered.

  • No Prescribed Form, Mandatory Content (K.S.A. 58-2564(a)-(b))

    K.S.A. 58-2564 does not mandate use of any specific government form. It requires the material-noncompliance notice to specify the acts and omissions constituting the breach, and requires the nonpayment notice to state the fact of nonpayment and the landlord's intent to terminate if unpaid within the 3-day period. The Kansas Judicial Council publishes an optional "Pre-Eviction Notice of Termination & Notice to Leave" template landlords may use instead of drafting their own.

  • Governing Residential Landlord and Tenant Act (K.S.A. 58-2540 to 58-2573)

    The statutory basis for every notice type on this page and the termination process that follows if the tenant does not comply: the Kansas Residential Landlord and Tenant Act, K.S.A. 58-2540 through 58-2573.

  • Notice Period for Curable Lease and Health/Safety Violations (K.S.A. 58-2564(a))

    14-day cure period for a material noncompliance with the rental agreement, or a noncompliance with the tenant's statutory duties under K.S.A. 58-2555 that materially affects health and safety. The rental agreement terminates on a date not less than 30 days after the tenant receives the notice, unless the tenant makes a good-faith effort to remedy the breach before that date.

  • No-Cause Termination Notice Period (K.S.A. 58-2570)

    Distinct from the for-cause notices above: ending a month-to-month tenancy without cause requires written notice stating termination on a periodic rent-paying date not less than 30 days after receipt. Ending a week-to-week tenancy without cause requires at least 7 days' written notice. A tenant in military service terminating due to military orders may give as little as 15 days' notice for a month-to-month tenancy.

Frequently Asked Questions