Kansas Petition for Eviction and Past Due Rent

State:
Kansas
Control #:
KS-EVIC-001
Format:
Word; 
Rich Text
Instant download

Description

The owner and landlord of rented property files this petition in District Court to demand judgment for payment of monies owed and for restitution and possession of the premises.

Kansas Petition for Eviction and Past Due Rent is a legal document that is used to start the eviction process and collect any past due rent from tenants in the state of Kansas. The Petition is brought by a landlord or property manager against a tenant who has failed to pay rent or otherwise violated the terms of their lease. The Petition must be served on the tenant, who must then appear in court to respond to the allegations. Depending on the court's ruling, the tenant may be evicted or be required to pay all past due rent and other damages. The two main types of Kansas Petition for Eviction and Past Due Rent are Nonpayment of Rent and Breach of Lease. Nonpayment of Rent is used when a tenant has not paid rent for a certain period of time and the landlord is seeking to evict them for failure to pay. Breach of Lease is used when a tenant has violated the terms of their lease in some way, such as failing to keep the property in good repair or exceeding the number of occupants allowed in the rental unit.

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FAQ

A Motion to Stay (Delay) Order for Summary Eviction allows the tenant to ask the court to "stay" (pause) a summary eviction and grant the tenant up to ten more days to move. (NRS 70.010(2); JCRCP 110.) A tenant can file a motion to stay at any time after an eviction notice is served. (JCRCP 110.)

Nonpayment of Rent Whenever your rent is late, your landlord has the option of beginning the eviction process. To do so, your landlord must give you a ?3-Day Notice? document that explains your rent is past due and that you have 3 days from the date of the notice to pay any rent that is due.

Once you deliver or mail the notice to your landlord, your tenancy will terminate 30 days after the day that rent is next due under your lease agreement. For example, if rent is due on June 1, and you provide notice to your landlord on May 28, then the tenancy will terminate on July 1.

An eviction itself doesn't appear on your credit report. However, any unpaid rent and fees could be sent to collections and remain on your credit report for seven years from the original delinquency date.

The landlord can evict the tenant for a lease violation in Kansas. Even if the tenant has just violated one term, they can still be evicted. The landlord must give the tenant a Kansas eviction notice called a 30-Day Notice to Comply, which provides the tenant with 14 days to fix the issue.

In Kansas, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms and not upholding legal responsibilities under Kansas law. Even so, proper notice must first be given before ending the tenancy.

Move out process This final step in the eviction process is to move the tenant out of their housing on the property. The state of Kansas gives a tenant a maximum of 14 days to move out of the rental unit.

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Kansas Petition for Eviction and Past Due Rent