Kansas Notice to Vacate: 2026 Landlord Rules Under the RLTA
Reviewed by DocDraft Legal Team · Kansas · Last updated 2026-05-31
Kansas splits notice-to-vacate practice across two statutory schemes: the Residential Landlord and Tenant Act at K.S.A. Chapter 58, Article 25, which sets the termination grounds, and the forcible detainer procedure at K.S.A. Chapter 61, Article 38. For nonpayment, K.S.A. 58-2564 gives the tenant three days to pay after written notice before the rental agreement may be terminated, counted as three consecutive 24-hour periods. A curable lease breach under the same statute uses a notice that ends the agreement no sooner than 30 days after receipt if the tenant does not remedy the breach within 14 days. A month-to-month tenancy ends under K.S.A. 58-2570 on a rent-paying date at least 30 days after receipt of written notice. Once the tenancy is terminated, the landlord serves the K.S.A. 61-3803 three-day notice to leave before filing forcible detainer in the district court.
How do I serve a notice to vacate in Kansas?
A Kansas notice to vacate is the written notice a landlord uses to end a tenancy or demand a tenant leave before filing eviction, and it must be in writing. For the K.S.A. 58-2564 nonpayment notice, you may serve the tenant in person, leave a copy with a person over 12 years of age residing on the premises, or post a copy in a conspicuous place on the premises, and the three-day period starts at the time of delivery or posting. If you serve by mailing, the statute adds two days from the date of mailing. The K.S.A. 61-3803 pre-suit notice to leave allows the same in-person delivery or delivery to a resident over 12, and adds two days when mailed.
How long is the Kansas notice period for nonpayment of rent?
Under K.S.A. 58-2564, a landlord may terminate the rental agreement if rent is unpaid when due and the tenant fails to pay within three days after written notice of nonpayment and the landlord's intention to terminate. The statute states the three-day notice period is computed as three consecutive 24-hour periods. If the notice is delivered by mailing, an additional two days from the date of mailing are allowed for the tenant to pay and avoid termination. Posting in a conspicuous place or personal delivery starts the three-day clock at the time of delivery or posting.
How much notice ends a Kansas month-to-month tenancy with no cause?
Under K.S.A. 58-2570, a landlord or tenant may terminate a month-to-month tenancy by written notice stating that the tenancy ends on a periodic rent-paying date not less than 30 days after the other party receives the notice. A week-to-week tenancy requires at least seven days written notice before the termination date. Kansas has no statewide just-cause requirement, so a landlord may terminate a periodic tenancy without stating a reason, subject to the K.S.A. 58-2572 retaliation prohibition and fair-housing law. A lease for a definite term of more than 30 days is not a month-to-month tenancy.
What happens after the notice period if the tenant does not vacate?
Once the tenancy is terminated and the tenant holds over, the landlord must serve the K.S.A. 61-3803 three-day notice to leave, delivered at least three days before filing the lawsuit, before filing a forcible detainer (eviction) case. That case is filed in the District Court of Kansas on the limited actions docket in the county where the property is located, under K.S.A. Chapter 61, Article 38. Under K.S.A. 61-3805, the summons sets the appearance date not less than three nor more than 14 days after the summons is issued. If the holdover is willful and not in good faith, K.S.A. 58-2570(c) allows the landlord to recover not more than 1 1/2 months periodic rent or not more than 1 1/2 times actual damages, whichever is greater.
Kansas notice-to-vacate framework at a glance
Kansas residential notice-to-vacate law runs on two tracks. The Kansas Residential Landlord and Tenant Act at K.S.A. Chapter 58, Article 25 sets the termination grounds: K.S.A. 58-2564 provides the three-day nonpayment notice and the 14-day cure with 30-day termination for a curable material noncompliance, and K.S.A. 58-2570 governs periodic-tenancy termination on 30 days written notice for month-to-month tenancies or 7 days for week-to-week. The forcible detainer procedure at K.S.A. Chapter 61, Article 38 then governs the court case: K.S.A. 61-3803 requires a three-day notice to leave before the lawsuit is filed, computed as three consecutive 24-hour periods with two extra days when mailed. Kansas has no statewide just-cause eviction requirement, and K.S.A. 12-16,120 restricts municipal rent control, so no Kansas city operates rent control or a local just-cause ordinance. The official statute text is published by the Kansas Office of Revisor of Statutes at ksrevisor.gov; no statewide notice-to-vacate form is statutorily mandated.
Landlord Resources
Kansas Office of Revisor of Statutes
Official state-code portal publishing the full text of the Kansas Residential Landlord and Tenant Act (K.S.A. Chapter 58, Article 25) and the forcible detainer statutes (K.S.A. Chapter 61, Article 38).
Kansas Judicial Branch
State judicial branch resource for the District Courts of Kansas, where forcible detainer (eviction) cases are filed on the limited actions docket in the county where the property is located.
Kansas Judicial Council
Publishes court forms and procedural resources used in Kansas civil practice; some district courts also publish local eviction and limited-action packets.
Relevant Laws
K.S.A. 58-2564 (Termination for Nonpayment and Material Noncompliance)
Sets the three-day nonpayment notice computed as three consecutive 24-hour periods, the two-day add-on for mailed notice, and the 14-day cure with 30-day termination for a curable material noncompliance.
K.S.A. 58-2570 (Termination of Periodic Tenancy)
Governs month-to-month termination on at least 30 days written notice and week-to-week termination on at least 7 days, the 15-day military-termination right, and enhanced damages for a willful bad-faith holdover.
K.S.A. 58-2572 (Retaliatory Actions by Landlord Prohibited)
Prohibits a landlord from retaliating against a tenant who complains to a code-enforcement agency, complains of a violation, or organizes or joins a tenants organization.
K.S.A. 61-3803 (Pre-Suit Notice to Leave)
Requires a written three-day notice to leave delivered at least three days before commencing the forcible detainer lawsuit, with two extra days allowed when the notice is mailed.
K.S.A. 61-3805 (Summons and Appearance Window)
Provides that the time stated in the summons for the defendant to appear shall be not less than three nor more than 14 days after the summons is issued.
K.S.A. 61-4001 (Limited Action Docket Fee)
Sets the statutory docket fee for Chapter 61 limited actions, including forcible detainer, tiered by the amount in controversy claimed.
Federal SCRA, 50 U.S.C. 3955 (Termination of Residential Leases)
Federal protection allowing active-duty servicemembers to terminate a residential lease, layered on top of the Kansas 15-day military-termination right.
Regional Variances
Kansas forcible detainer practice by county
Johnson County
Forcible detainer cases are filed on the limited actions docket of the Johnson County District Court in the county where the property sits. The statewide K.S.A. Chapter 58 and Chapter 61 rules govern the notice and the filing, and the K.S.A. 61-3805 appearance window of three to 14 days after the summons issues applies. Johnson County is among the Kansas district courts that publish local eviction and limited-action packets, so a landlord should confirm the current local filing procedure and any sheriff service fees with the district court clerk.
Sedgwick County (Wichita)
Eviction filings for properties in Wichita route to the Sedgwick County District Court limited actions docket. The same statutory notice sequence applies: the Chapter 58 termination notice ends the tenancy, and the K.S.A. 61-3803 three-day notice to leave precedes the filing. Local per-county service or sheriff fees can be added on top of the statutory K.S.A. 61-4001 docket fee, so confirm the current schedule with the clerk before filing.
Wyandotte County (Kansas City, Kansas)
Properties in Kansas City, Kansas file forcible detainer in the Wyandotte County District Court limited actions docket. Kansas has no statewide just-cause requirement and K.S.A. 12-16,120 restricts municipal rent control, so Wyandotte County follows the statewide notice periods rather than a local just-cause ordinance. A landlord should verify any local service add-ons and current docket scheduling with the district court clerk.
Suggested Compliance Checklist
Identify the statutory ground and tenancy type
Pre-notice days after startingMap the situation to the correct Kansas statute. Nonpayment: K.S.A. 58-2564 three-day notice. Curable lease breach: K.S.A. 58-2564 14-day cure with 30-day termination. Month-to-month or week-to-week no-cause termination: K.S.A. 58-2570 (30 days or 7 days). Confirm whether the tenancy is periodic or a definite term of more than 30 days, because that changes which notice applies.
Draft a written notice that meets the Kansas content requirements
Pre-notice days after startingNotice must be written; oral notice does not satisfy K.S.A. 58-2564 or K.S.A. 61-3803. A nonpayment notice must state the nonpayment and the landlord's intention to terminate if rent is not paid within three days. A material-noncompliance notice must specify the acts and omissions constituting the breach and state the 14-day remedy window and a termination date at least 30 days after receipt. The lease may impose additional content requirements.
Serve the notice per K.S.A. 58-2564 or K.S.A. 61-3803
Service days after startingPermitted methods include personal delivery to the tenant, leaving a copy with a person over 12 years of age residing on the premises, or posting a copy in a conspicuous place on the premises, which starts the three-day clock at the time of delivery or posting. If you serve by mailing, the statute adds two days from the date of mailing. Record the date and method of service for the eviction file.
Wait the full statutory notice period before filing
Notice period days after startingDo not file the forcible detainer case before the applicable period expires. Nonpayment is three consecutive 24-hour periods under K.S.A. 58-2564 (plus two days if mailed). A curable breach runs the 14-day cure window before the 30-day termination date. Periodic termination runs the K.S.A. 58-2570 period (30 days or 7 days). Filing prematurely can lead to dismissal and force re-service.
Serve the pre-suit three-day notice to leave
Post-notice days after startingOnce the tenancy is terminated and the tenant holds over, K.S.A. 61-3803 requires a written notice to leave delivered at least three days before commencing the forcible detainer lawsuit, by leaving a copy with the tenant or with a person over 12 years of age residing on the premises. If the notice is mailed, an additional two days from the date of mailing are allowed before filing.
File the forcible detainer case in the district court
Post-notice days after startingFile the forcible detainer (eviction) case on the limited actions docket of the District Court of Kansas in the county where the property is located, under K.S.A. Chapter 61, Article 38. The statutory docket fee under K.S.A. 61-4001 is tiered by the amount in controversy claimed, and some counties add service or sheriff fees, so confirm the current schedule with the district court clerk before filing.
Appear at the hearing within the K.S.A. 61-3805 window
Hearing days after startingUnder K.S.A. 61-3805, the summons sets the tenant's appearance date not less than three nor more than 14 days after the summons is issued. Bring the lease, the notice with proof of service, a rent ledger if nonpayment is the ground, and documentation showing a legitimate non-retaliatory ground in light of K.S.A. 58-2572.
Obtain and execute the writ of restitution
Post-judgment days after startingIf the landlord prevails, the court can enter judgment for possession and issue a writ of restitution directing the officer to restore possession to the landlord. If the holdover was willful and not in good faith, K.S.A. 58-2570(c) allows the landlord to recover not more than 1 1/2 months periodic rent or not more than 1 1/2 times actual damages, whichever is greater.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Identify the statutory ground and tenancy type | Map the situation to the correct Kansas statute. Nonpayment: K.S.A. 58-2564 three-day notice. Curable lease breach: K.S.A. 58-2564 14-day cure with 30-day termination. Month-to-month or week-to-week no-cause termination: K.S.A. 58-2570 (30 days or 7 days). Confirm whether the tenancy is periodic or a definite term of more than 30 days, because that changes which notice applies. | - | Pre-notice |
| Draft a written notice that meets the Kansas content requirements | Notice must be written; oral notice does not satisfy K.S.A. 58-2564 or K.S.A. 61-3803. A nonpayment notice must state the nonpayment and the landlord's intention to terminate if rent is not paid within three days. A material-noncompliance notice must specify the acts and omissions constituting the breach and state the 14-day remedy window and a termination date at least 30 days after receipt. The lease may impose additional content requirements. | notice-to-vacate | Pre-notice |
| Serve the notice per K.S.A. 58-2564 or K.S.A. 61-3803 | Permitted methods include personal delivery to the tenant, leaving a copy with a person over 12 years of age residing on the premises, or posting a copy in a conspicuous place on the premises, which starts the three-day clock at the time of delivery or posting. If you serve by mailing, the statute adds two days from the date of mailing. Record the date and method of service for the eviction file. | - | Service |
| Wait the full statutory notice period before filing | Do not file the forcible detainer case before the applicable period expires. Nonpayment is three consecutive 24-hour periods under K.S.A. 58-2564 (plus two days if mailed). A curable breach runs the 14-day cure window before the 30-day termination date. Periodic termination runs the K.S.A. 58-2570 period (30 days or 7 days). Filing prematurely can lead to dismissal and force re-service. | - | Notice period |
| Serve the pre-suit three-day notice to leave | Once the tenancy is terminated and the tenant holds over, K.S.A. 61-3803 requires a written notice to leave delivered at least three days before commencing the forcible detainer lawsuit, by leaving a copy with the tenant or with a person over 12 years of age residing on the premises. If the notice is mailed, an additional two days from the date of mailing are allowed before filing. | notice-to-vacate | Post-notice |
| File the forcible detainer case in the district court | File the forcible detainer (eviction) case on the limited actions docket of the District Court of Kansas in the county where the property is located, under K.S.A. Chapter 61, Article 38. The statutory docket fee under K.S.A. 61-4001 is tiered by the amount in controversy claimed, and some counties add service or sheriff fees, so confirm the current schedule with the district court clerk before filing. | - | Post-notice |
| Appear at the hearing within the K.S.A. 61-3805 window | Under K.S.A. 61-3805, the summons sets the tenant's appearance date not less than three nor more than 14 days after the summons is issued. Bring the lease, the notice with proof of service, a rent ledger if nonpayment is the ground, and documentation showing a legitimate non-retaliatory ground in light of K.S.A. 58-2572. | - | Hearing |
| Obtain and execute the writ of restitution | If the landlord prevails, the court can enter judgment for possession and issue a writ of restitution directing the officer to restore possession to the landlord. If the holdover was willful and not in good faith, K.S.A. 58-2570(c) allows the landlord to recover not more than 1 1/2 months periodic rent or not more than 1 1/2 times actual damages, whichever is greater. | - | Post-judgment |
Frequently Asked Questions
Yes. The K.S.A. 58-2564 three-day notice is a cure-or-quit notice. If the tenant pays the full rent owed within three consecutive 24-hour periods after delivery (or five days if mailed), the default is cured and the rental agreement does not terminate.
For a curable material noncompliance, K.S.A. 58-2564 lets the landlord deliver a written notice specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate on a date not less than 30 days after receipt if the breach is not remedied within 14 days. In practice, this is a single notice that gives the tenant 14 days to fix the problem while setting a termination date at least 30 days out. The notice must identify the breach with enough specificity to satisfy the statute. The lease may impose additional content requirements.
Two layers apply. The federal Servicemembers Civil Relief Act at 50 U.S.C. 3955 provides lease-termination protections for active-duty servicemembers. Kansas state law adds K.S.A. 58-2570(a), under which not more than 15 days written notice by a tenant is necessary to terminate a periodic tenancy where the tenant is in the military service of the United States and termination is necessitated by military orders. A landlord who receives a military-termination notice should verify the orders before proceeding with notice-to-vacate or eviction on the same tenancy.
Kansas notices must be in writing, and the statutes require specific content for each type. A nonpayment notice under K.S.A. 58-2564 must state the nonpayment and the landlord's intention to terminate if rent is not paid within the three-day period. A material-noncompliance notice must specify the acts and omissions constituting the breach and state the 14-day remedy window and the termination date at least 30 days out. The K.S.A. 61-3803 notice to leave must be delivered at least three days before filing. A notice that omits required content, miscounts the statutory period, or is served improperly can lead to dismissal and force the landlord to start over.
No. K.S.A. 58-2572 prohibits certain retaliatory actions by a landlord, such as retaliating after a tenant complains to a code-enforcement agency, complains to the landlord of a violation, or organizes or joins a tenants organization. A retaliation defense is a common tenant response to an eviction filing. Because retaliation can be raised as a defense, a landlord facing a possible retaliation argument should confirm the current statute language and document a legitimate, non-retaliatory ground for the termination.
After the tenancy is terminated and the K.S.A. 61-3803 three-day notice to leave has run, the landlord files a forcible detainer (eviction) case on the limited actions docket of the district court in the county where the property is located, under K.S.A. Chapter 61, Article 38. Under K.S.A. 61-3805, the summons sets the tenant's appearance date not less than three nor more than 14 days after the summons is issued. If the landlord prevails, the court can enter judgment for possession, and a writ of restitution directs the officer to restore possession to the landlord.
No. Kansas does not impose a statewide just-cause eviction requirement, so a landlord may terminate a periodic tenancy without stating a reason by giving the K.S.A. 58-2570 notice (30 days for month-to-month, 7 days for week-to-week), subject to the K.S.A. 58-2572 retaliation prohibition and fair-housing law. K.S.A. 12-16,120 restricts municipal rent control, so no Kansas city operates a rent-control or local just-cause-only ordinance. Kansas also has no statutory no-fault sale, owner-move-in, or demolition notice category; a periodic tenancy is ended under K.S.A. 58-2570 regardless of the landlord's motive.
Other Kansas guides
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