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Kansas Eviction Process: The 3-Day Notice for Rent, 14/30-Day Notices, the Court Date and the Writ of Restitution

How evictions work in Kansas: a 3-day notice for unpaid rent, a 14-day chance to fix other lease violations with 30 days to terminate, a court appearance 3 to 14 days after the summons, trial within 14 days and a writ of restitution served within 14 days. Plus the security deposit rules, mediation and the new eviction expungement law.

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The Sedgwick County Courthouse in Wichita, Kansas
The Sedgwick County Courthouse in Wichita, Kansas. Photo: Ichabod, CC BY-SA 3.0, via Wikimedia Commons.

In Kansas, an eviction case is a court action for possession, and it moves on short clocks. A tenant who falls behind on rent can get a 3-day written notice [1], and once the case is filed, the first court date is only 3 to 14 days away [4]. The Kansas Judicial Branch says the typical court process can take up to 42 days [11].

At a glance

Notice for unpaid rent
3 days to pay [1]
Notice for other lease violations
14 days to fix, tenancy ends at least 30 days after notice [1]
Court date on the summons
3 to 14 days after it's issued [4]
Trial, if needed
Within 14 days after the court date [6]
Writ of restitution
Executed within 14 days after the officer gets it [7]
  1. Written notice 3 days (unpaid rent)

    The landlord gives written notice that the rental agreement ends if rent isn't paid within three days. Other violations get a 14-day chance to fix and at least 30 days' notice.

    K.S.A. 58-2564

  2. Notice to leave At least 3 days before filing

    Before filing, the landlord delivers a notice to leave the premises. It can be combined with the landlord-tenant notice.

    K.S.A. 61-3803

  3. Petition and summons Court date 3 to 14 days out

    The landlord files a petition describing the home and why possession is sought. The court sets the appearance date in the summons.

    K.S.A. 61-3804, 61-3805

  4. Appear or answer By the date in the summons

    The tenant appears in person or through a lawyer, or files a written answer on or before that date.

    K.S.A. 61-3806

  5. Trial Within 14 days

    If the tenant disputes the case, a judge hears both sides at a bench trial.

    K.S.A. 61-3807

  6. Writ of restitution Executed within 14 days

    If the landlord wins, the court issues a writ telling an officer to put the landlord back in possession.

    K.S.A. 61-3808

The notice comes first

Under Kansas’s Residential Landlord and Tenant Act, the notice a landlord gives depends on the reason [1][2]:

Kansas notices to end a tenancy
ReasonNoticeLaw
Unpaid rentWritten notice; the agreement ends if rent isn't paid within 3 daysK.S.A. 58-2564(b)
Material lease violationWritten notice; 14 days to fix, termination at least 30 days after the notice is receivedK.S.A. 58-2564(a)
Repeat of a similar violationAt least 30 days' notice, with no chance to fixK.S.A. 58-2564(a)
Ending a month-to-month tenancyAt least 30 days, ending on a rent-paying dateK.S.A. 58-2570(b)
Ending a week-to-week tenancyAt least 7 daysK.S.A. 58-2570(a)
Source: K.S.A. 58-2564, Material noncompliance by tenant; nonpayment of rent · Checked 2026-11-13 · Also K.S.A. 58-2570

Counting the 3 days

The 3-day rent notice runs as three consecutive 24-hour periods. It starts when the notice is handed to the tenant, given to someone over 12 who lives there, or posted in a conspicuous place. If the landlord mails it, the tenant gets two extra days to pay [1].

Violations you can fix

For a material lease violation, the notice must say what the tenant did wrong and that the agreement will end on a date at least 30 days after the tenant receives it, unless the problem is fixed within 14 days [1]. If the problem can be fixed by repairs or paying for damage, and the tenant starts a good-faith effort to fix it before the date in the notice, the agreement doesn’t end. If the same kind of violation happens again later, the landlord can give a 30-day notice with no chance to fix it [1].

The notice to leave

Before filing in court, the landlord must also deliver a notice to leave the premises at least three days before filing. It can be handed over, left with someone over 12 who lives there, posted if no one is found, or mailed (which adds two days) [3]. Weekends and holidays count in the three days, and this notice can be combined with the landlord-tenant notice [3].

The court case

If the tenant hasn’t paid or moved, the landlord files a petition describing the home and why the landlord wants it back. The petition can also ask for unpaid rent, or the landlord can sue for rent later in a separate case [13].

The court date

The summons sets a date and time to appear, which the court picks: no fewer than 3 and no more than 14 days after the summons is issued [4]. By that date, the tenant must either appear in person or through a lawyer, or file a written answer [5]. A tenant who does neither can lose the case without being heard.

Mediation and trial

Since a 2026 law, in cases under the Residential Landlord and Tenant Act the court must consider mediation unless it finds mediation wouldn’t help or isn’t practical. If the parties are in mediation, the court orders a continuance of up to 14 days [12]. Johnson, Sedgwick and Douglas counties run eviction mediation or resolution programs [11].

If the tenant disputes the case, the judge holds a bench trial within 14 days after the appearance date in the summons [6]. Outside of mediation, a tenant who asks to postpone the trial generally has to post a bond covering the rent and damages that could build up [6][12].

The writ of restitution

If the landlord wins, the court issues a writ of restitution at the landlord’s request. The officer named in it must execute it within 14 days of receiving it and may use reasonable force to do so [7].

What a landlord can’t do

A Kansas landlord can’t skip the court process. If a landlord unlawfully removes or locks out a tenant, or willfully cuts off electric, gas, water or another essential service, the tenant can recover possession or end the lease, and recover up to 1.5 months’ rent or the actual damages, whichever is greater [8].

A landlord also can’t retaliate by raising rent or cutting services because a tenant complained to a housing code agency, complained to the landlord about required repairs, or joined a tenants’ union. A tenant facing retaliation has a defense in an eviction case [9].

Security deposits

For an unfurnished home, a security deposit can’t be more than one month’s rent; for a furnished one, 1.5 months’ rent, plus up to half a month’s rent more if pets are allowed [10]. When the tenancy ends, the landlord can keep money for unpaid rent and damage, itemized in writing, and must return the rest within 14 days after figuring the deductions, and no later than 30 days after the tenancy ends, the tenant moves out and asks for it [10]. A landlord who doesn’t can owe the amount wrongfully withheld plus 1.5 times that amount in damages [10].

Tenants can’t use the deposit as the last month’s rent unless the lease allows it [10].

Clearing an eviction record

Starting in 2026, a former tenant can ask the court to expunge an eviction case under the Residential Landlord and Tenant Act, filed electronically at no cost [11][12]. The court grants it if [12]:

  • three years have passed since the judgment,
  • any money judgment from the tenancy has been paid, and
  • there’s no newer eviction judgment in that three-year period.

The landlord gets 30 days to object; if no one objects, the court decides without a hearing [12]. An expungement doesn’t wipe out money still owed [12]. The Kansas Judicial Branch has an Eviction Expungement Portal for people filing on their own [11].

Where to get help

  • Kansas Legal Services: information and help for tenants facing eviction [11].
  • Kansas Judicial Branch self-help site (self-help.kscourts.gov): eviction forms, videos and a court timeline [11].
  • Kansas Housing Resource Corporation and 211 Kansas: rental help and other housing resources [11].

Sources

  1. K.S.A. 58-2564, Material noncompliance by tenant; nonpayment of rent
  2. K.S.A. 58-2570, Termination of tenancy; notice; holdover
  3. K.S.A. 61-3803, Notice to leave premises
  4. K.S.A. 61-3805, Summons; time for appearance
  5. K.S.A. 61-3806, Appearance; answer
  6. K.S.A. 61-3807, Trial
  7. K.S.A. 61-3808, Writ of restitution
  8. K.S.A. 58-2563, Unlawful removal or exclusion of tenant; diminished services
  9. K.S.A. 58-2572, Retaliatory actions by landlord prohibited
  10. K.S.A. 58-2550, Security deposits
  11. Kansas Judicial Branch Self-Help, Housing: Eviction Information and Resources
  12. 2026 Substitute for House Bill 2357 (eviction expungement and mediation), enrolled
  13. K.S.A. 61-3804, Petition for claim

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Common questions

How much notice does a Kansas landlord have to give for unpaid rent?

Three days. Under K.S.A. 58-2564(b), the landlord can end the rental agreement if rent is unpaid and the tenant doesn't pay within three days after a written notice. The three days are counted as three 24-hour periods from delivery or posting; if the notice is mailed, the tenant gets two extra days.

How long does an eviction take in Kansas?

The Kansas Judicial Branch says a typical court process can take up to 42 days. The court date on the summons is 3 to 14 days after the summons is issued, a trial, if needed, is held within 14 days after that, and a writ of restitution is executed within 14 days after the officer receives it.

Do I have to file an answer to an eviction in Kansas?

You must either appear in person or through a lawyer on the date and time in the summons, or file a written answer on or before that date. If you don't, the landlord can win without you.

Can a Kansas landlord change the locks or shut off utilities?

No. If a landlord unlawfully removes or locks out a tenant, or willfully cuts off electric, gas, water or another essential service, the tenant can recover possession or end the lease and recover up to 1.5 months' rent or actual damages, whichever is greater.

Can an eviction be removed from my record in Kansas?

Some can. A 2026 law lets a former tenant ask the court to expunge an eviction case at no cost once three years have passed since the judgment, if any money judgment from the tenancy is paid and there's no newer eviction judgment in that time.

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