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Kansas Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term

Category:
Landlord Tenant - Unlawful Entry and Detainer
State:
Multi-State
Control #:
US-03315BG
Format:
Word; 
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Description

Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property.


An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term
  • Preview Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term
  • Preview Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term

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FAQ

Can You Withhold Rent in Kansas? The only case in which a tenant may withhold rent in Kansas is under the repair and deduct statute. This takes effect if the landlord fails to make necessary repairs then the tenant may pay for the repairs and deduct the cost from their next rent payment.

This notice states that if the breach is not solved in the next 14 days, then the lease between the tenant and landlord will end in 30 days. So if you serve or mail a 14/30-day notice to the landlord on the 31st and the problem is not solved by the 14th, then the lease would end on the 30th.

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.)

Holdover Tenants A holdover tenant is a tenant that refuses to leave after their lease has expired. For ?holdover? tenants, landlords must serve them an X-Day notice to Quit as part of the Kansas eviction process.

A landlord can evict a tenant for failing to pay the rent due. Rent is considered late in Kansas a day past its due. However, a grace period that gives more time to pay rent due may be available if indicated in the lease/rental agreement.

Can You Withhold Rent in Kansas? The only case in which a tenant may withhold rent in Kansas is under the repair and deduct statute. This takes effect if the landlord fails to make necessary repairs then the tenant may pay for the repairs and deduct the cost from their next rent payment.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

Kansas law does not limit how much your rent can be raised or how often. Because a rent raise is similar to an eviction, there is one rule. If you have a month-to-month lease, your landlord must inform you, IN WRIT- ING, of a rent raise at least 30 days before the rent date when it is supposed to go into effect.

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