In all cases we recommend that an attorney be consulted for the proper procedure
- NOTICE TO VACATE – Written three (3) day notice to vacate, given to the tenant from the landlord notifying the tenant to leave the premises. Notice must be given at least three (3) days prior to initiation of the lawsuit for rent and possession. KSA (Kansas Statutes Annotated) 61-3803 and 58-2540
- FORCIBLE DETAINER – this is an official court document consisting of a summons and petition. The petition outlines the particulars or facts of the action filed by the landlord (plaintiff) against the tenant (defendant) and will list what the plaintiff is asking the court to do (judgment). This document is filed with the Clerk of the District Court. The Clerk of the District Court will assign a case number and court date. KSA 61-3804 and 61-3805
- TRIAL – The judgment will depend upon what was listed in the Petition. Usually this will be for any back rent (money) and possession of the specific premises.
- WRIT OF RESTITUTION – This is an official court document that directs and orders the Sheriff’s Office to immediately remove the occupants of the specific premises and turn possession of the property to the Plaintiff*. Entry may be by whatever means necessary to affect the court order including the use of a locksmith. Cost for entry will be paid by the plaintiff. When filing the Writ of Restitution a Journal Entry must also be filed. The Journal Entry is a summary of the judgment entered at the trial (court hearing).
- The Sheriff’s office has fourteen (14) calendar days from the date the Writ of Restitution is received to complete the eviction.
- Prior to the Sheriff executing the Writ of Restitution a notice is delivered to the defendant or posted to the premises stating that the Sheriff’s Office has a court order to evict the defendant. The notice states a specific date that the Sheriff’s Office will affect the court order. This is a courtesy only as a notice is not required by law.
- The Eviction or Writ of Restitution can only be canceled by the courts, the plaintiff, or the plaintiff’s attorney. The defendant cannot cancel the action.
The landlord is responsible to move and store any property that the tenant’s has abandoned. The landlord should check with their attorney correct procedures to dispose of this property.
Eviction laws are in Kansas Statutes Annotated Chapter 60 Article 38. Landlord and tenant laws are in Kansas Statutes Annotated Chapter 58 Article 25.