KANSAS EVICTION PROCESS AND TIMELINE
In Kansas, boot affairs are one of the few areas of law that has its own activity and timelines that were set by the assembly and charge be carefully adhered to by the courts and parties complex in the eviction.PRE-FILING NOTICES
Prior to filing an boot action, apprehension charge be provided to the addressee that an boot may be filed and that they accept a assertive aeon of time to abstain eviction. Moreover, there are a brace of things to accumulate in apperception aback sending these notices. First, if the pre-eviction apprehension is served by mail, an added 2-days are added to apprehension aeon that charge be provided to the tenant. Additionally, Kansas defines a “day” for the purposes of an eviction, as a abounding 24-hour period. Therefore, if you book the activity on the third day, but alone 70 hours afterwards the apprehension was served on the tenant, the boot will be absolved as defective able notice.3-Day Notice
When a addressee is accomplished due on rent, you charge accommodate them with a three day notice. There is no specific anatomy that charge be used, but the apprehension charge accompaniment the bulk owed and that the freeholder will book an boot activity if hire is not paid aural 3 days. For your reference, actuality is a articulation to a three day apprehension that is acclimated by our law firm: Notice to Terminate for Non-Payment of Rent. The three day apprehension can be delivered by announcement it on the tenant’s door, duke commitment or mail, but it is important that you accumulate authentic annal of how and aback it was delivered and that you use addition to bear it who could affirm about carrying the notice, if necessary.14-Day Notice
If you are adulatory to adios a addressee for abuse of a appellation of the lease, added than non-payment of rent, you charge accommodate the addressee with a 14/30 notice, which is a letter that states that the addressee has 14 canicule to cure the abuse or abroad the charter will be concluded 30 canicule from the date of the notice. Similar to the 3-day notice, there is no specific form, but it is important that the apprehension states absolutely what the charter abuse is and the time aeon in which the charter will be concluded if the affair is not corrected. Examples of charter violations that adeptness activate abortion of the charter include, befitting a pet in the acreage aback pets are afar from the lease, auctioning debris in the advanced backyard of a distinct ancestors home, or declining to access renter’s allowance if appropriate by the lease. For your reference, actuality is an archetype 14/30 day apprehension that can be beatific to your tenants: Notice to Terminate for Charter Violation30-Day Notice
There are assertive instances aback 30-day apprehension charge be provided to a addressee above-mentioned to filing an eviction. These would be aback a addressee is residing in a acreage beneath an articulate or month-to-month charter or aback you are allotment not to renew a charter that is set to end. In either situation, you are not absolute the lease, but rather advice the addressee that you will not be renewing the charter or acceptance them to abide in the property. For your reference, actuality is an archetype of that notice: Notice of Non-Renewal. It should be acclaimed that although 30-days apprehension is appropriate on a month-to-month lease, beneath apprehension is appropriate if the tenants pay hire beneath frequently than annual beneath an articulate charter or are on a beneath appellation lease, such as a week-to-week lease. In these instances, the freeholder is appropriate alone to accommodate apprehension according to the intervals that hire is actuality paid by the addressee (e.g. 1 anniversary apprehension if hire is paid weekly).TIMELINE WITHOUT TRIAL
Once the apprehension aeon has expired, the freeholder may book an “Unlawful Detainer Petition,” which initiates the boot process. This is a certificate that is drafted by either you or your advocate and states the proerpty address, aback hire was due, how abundant hire is unpaid, etc. Once the boot is filed, the Cloister will aftermath a amendment (usually aural 1-2 days) that has a date for an “Answer Hearing” or the date the addressee charge aboriginal arise afore the court. If the freeholder is represented by an attorney, they are not appropriate to arise at the acknowledgment hearing. This audition will be aural 14 canicule from the date the freeholder filed its Petition. Once the amendment is issued, it is the landlord’s (or their attorney’s) obligation to ensure the amendment is delivered to or “served” on the Tenant.
If the addressee does not arise or appears at the Acknowledgment Audition and admits to the non-payment of hire or added charter violation, the Cloister will access acumen in favor of the landlord. If the addressee appears and denies they accept abandoned the charter or not paid rent, the cloister will set the bulk for Trial.
Once a acumen is issued, either afterwards the Acknowledgment Audition or at Trial, the freeholder charge adapt a “Writ of Restitution” to be active by the judge. The Command of Restitution is the certificate that authorizes the sheriff to aish the Addressee from the property. It usually takes a brace canicule to get the active Command aback from the adjudicator afore it can be forwarded to the Sheriff’s Office.
Once the command is active by the judge, it is delivered to the Sheriff who has 14-days to aish the tenant. How it usually works is that the Sheriff will appointment the home or accommodation and column apprehension that they will acknowledgment at a assertive date and time. If the addressee has not larboard by the time acquaint on the notice, the Sheriff will aish them from the acreage and the freeholder will accept the adeptness to change the locks so as to anticipate the tenant’s re-entry. In best instances, the Sheriff will alike anon with the freeholder to agenda the date and time the addressee will be removed from the property.
TIMELINE WITH TRIAL
If a balloon is required, it will be captivated afterwards the acknowledgment audition and afore a command is active by the judge. Eviction trials are about beneath academic than added proceedings, but still chase the basal activity of the freeholder calling any witness, which the addressee will accept the befalling to catechism or cross-examine, and the addressee again accepting an befalling to alarm its witness(es). There are few defenses to an boot activity in Kansas, and therefore, trials are usually rather abbreviate with the freeholder alone presenting one attestant (the landlord, acreage administrator or addition with ability of the charter and acquittal history of the tenant) and the addressee usually actuality the alone being to affirm in aegis of the action. Judge accomplish the cardinal in boot cases anon afterward the balloon and again the activity continues as declared aloft in the area for evictions that do not crave a trial.
After the addressee is removed, the freeholder may address the cloister for an added audition to actuate the bulk of accident to the Acreage that exceeds the aegis deposit. These hearings are usually captivated a few months afterwards the boot takes abode and crave new apprehension to be served on the tenant.
COLLECTING ON A JUDGMENT
Unfortunately, accepting a acumen adjoin a addressee does not agreement you will accept any money. When you abound at trial, the cloister issues an Adjustment declaring that the addressee is appropriate to pay you the bulk of the accomplished due hire and added accident to the property. In best cases, the addressee does not voluntarily pay the money that was awarded in the Order. Therefore, in adjustment to collect, you charge attack to adornment coffer accounts or accomplishment becoming by the tenant. The activity for requesting garnishment is adequately simply, but the difficult allotment is anecdotic the actual employer or coffer account. Rental applications, copies of checks acclimated by the addressee to pay rent, and/or any added affidavit apropos the tenants abeyant application or assets is accessible aback it comes time to aggregate payment.
It should additionally be acclaimed that while garnishment is an able apparatus for accession amounts due beneath a cloister judgment, the garnishment is bound to the assets and balance of the tenant. Kansas law fixes the bulk that can be withheld from a tenant’s paycheck at 25% and they charge accommodated a assertive beginning afore any money can be collected. Therefore, if the addressee is alive in a low advantageous job or alone part-time, you may not be able to adornment or payments may appear in slowly. For these reasons, it is important not to await on actual acquittal afterwards accepting a acumen adjoin a tenant.
If you would like to apprentice added about the casework we action to tenants, amuse appointment our evictions folio at http://www.rickdavislegal.com/practice-areas/residential-eviction/. You can additionally accord us a alarm at 913-210-5425.
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