Kansas Petition for Forcible Detainer (Eviction) — Chapter 61 Limited Action

PETITION FOR FORCIBLE DETAINER (EVICTION) — KANSAS LIMITED ACTION

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Premises and Rental Agreement
4. Predicate Notice
5. Count I — Forcible Detainer (Possession)
6. Count II — Unpaid Rent
7. Count III — Damages and Holdover
8. Prayer for Relief
9. Verification
10. Signature, Service, and Certifications
11. Exhibits
12. Practice Notes
13. Sources and References

1. CAPTION

IN THE DISTRICT COURT OF [COUNTY NAME] COUNTY, KANSAS

[__]th JUDICIAL DISTRICT

LIMITED ACTIONS — CHAPTER 61

CASE NO. [________________________________]

PETITION FOR FORCIBLE DETAINER AND MONEY JUDGMENT

(K.S.A. § 61-3801 et seq.; K.S.A. § 61-2801 et seq.)

COMES NOW Plaintiff, [LANDLORD NAME], by and through undersigned counsel (or pro se), and for its Petition against Defendants alleges and states as follows:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff [LANDLORD NAME] is [an individual / a Kansas limited liability company / a corporation organized under the laws of [STATE]] with a principal place of business at [ADDRESS], and is the owner / authorized agent of the owner of the Premises described below.

2.2. Defendant [TENANT 1 NAME] is an individual residing at the Premises, [ADDRESS], in [COUNTY] County, Kansas, and may be served at that address.

2.3. Defendant [TENANT 2 NAME, if any] is an individual residing at the Premises and may be served at that address.

2.4. "All other occupants" of the Premises are joined as Defendants to obtain possession against any unauthorized adult occupants.

2.5. Subject-matter jurisdiction is proper in this Court under K.S.A. § 61-2802 (Limited Actions, amount in controversy not exceeding $25,000) and K.S.A. § 61-3801 et seq. (forcible detainer).

2.6. Venue is proper in [COUNTY] County, Kansas, because the Premises is located in this county. K.S.A. § 60-602.

2.7. The amount in controversy, exclusive of interest and costs, does not exceed Twenty-Five Thousand Dollars ($25,000.00).

3. THE PREMISES AND RENTAL AGREEMENT

3.1. Plaintiff is the owner / managing agent of certain residential real property located at [STREET ADDRESS, UNIT, CITY, KS, ZIP], [COUNTY] County, Kansas (the "Premises").

3.2. On or about [__/__/____], Plaintiff and Defendant(s) entered into a written [lease / rental agreement] for the Premises (the "Rental Agreement"), a true and accurate copy of which is attached hereto as Exhibit A.

3.3. The Rental Agreement provides for monthly rent of $[________], due on the [__] day of each month, payable to Plaintiff at [ADDRESS] or by [METHOD].

3.4. The tenancy is best characterized as: ☐ a fixed-term lease expiring [__/__/____]; ☐ a month-to-month periodic tenancy following expiration of the original term; ☐ other: [________].

3.5. Plaintiff has performed all conditions precedent on Plaintiff's part required to be performed under the Rental Agreement and applicable law.

4. PREDICATE NOTICE

4.1. On [__/__/____], Plaintiff served on Defendant(s) a written [3-Day Notice to Pay Rent or Quit / 14-Day Notice to Cure or 30-Day Notice to Vacate / 30-Day Notice to Terminate Periodic Tenancy] (the "Notice") in compliance with [K.S.A. § 58-2564(a) / § 58-2564(b) / § 58-2570] and K.S.A. § 61-3803. A true and accurate copy of the Notice is attached hereto as Exhibit B, and proof of service is attached as Exhibit C.

4.2. The Notice was served by: ☐ personal delivery; ☐ substituted service on a person residing at the Premises at least 12 years of age; ☐ posting in a conspicuous place after attempted personal service; ☐ first-class U.S. mail (with two additional days added to the notice period).

4.3. The Notice required Defendant(s) to [pay the past-due rent of $________ within 3 days / cure the breach within 14 days / vacate by [__/__/____]]. The applicable cure or termination period has expired.

4.4. As of the date of filing this Petition, Defendant(s) [have not paid the rent demanded / have not cured the breach / have not vacated the Premises] and remain in unlawful possession.

4.5. Plaintiff has otherwise satisfied all statutory pre-suit notice requirements under K.S.A. § 61-3803 and the Kansas Residential Landlord and Tenant Act.

5. COUNT I — FORCIBLE DETAINER (POSSESSION)

5.1. Plaintiff incorporates paragraphs 1.1 through 4.5 as though fully set forth herein.

5.2. Defendant(s) entered the Premises lawfully under the Rental Agreement but, after expiration of the cure / termination period set forth in the Notice, remain in possession of the Premises without right.

5.3. Defendant(s)' continued possession of the Premises constitutes a forcible detainer within the meaning of K.S.A. § 61-3801 et seq.

5.4. Plaintiff is entitled to immediate restitution of the Premises and to a writ of restitution pursuant to K.S.A. § 61-3808.

5.5. The reason for seeking possession is: [NONPAYMENT OF RENT / MATERIAL NONCOMPLIANCE WITH RENTAL AGREEMENT / EXPIRATION OF TERM / TERMINATION OF PERIODIC TENANCY / OTHER LAWFUL CAUSE].

6. COUNT II — UNPAID RENT (if applicable)

6.1. Plaintiff incorporates paragraphs 1.1 through 5.5 as though fully set forth herein.

6.2. As of the date of this Petition, Defendant(s) owe Plaintiff the following unpaid sums:

6.3. Plaintiff is entitled to judgment in the amount stated above, plus interest at the statutory rate from the date each amount became due until paid, pursuant to K.S.A. § 16-201 (post-judgment interest).

7. COUNT III — DAMAGES AND HOLDOVER (if applicable)

7.1. Plaintiff incorporates paragraphs 1.1 through 6.3 as though fully set forth herein.

7.2. Defendant(s) have caused the following damage to the Premises beyond ordinary wear and tear: [DESCRIBE], with replacement / repair costs estimated at $[________].

7.3. Defendant(s)' continued occupancy after the Termination Date constitutes a willful holdover not made in good faith. Pursuant to K.S.A. § 58-2570(c), Plaintiff is entitled to damages of one and one-half (1½) months' rent or 1.5 times Plaintiff's actual damages, whichever is greater, in an amount of $[________].

7.4. Plaintiff is also entitled to use-and-occupancy / per-diem rental at the rate of $[________] per day from the Termination Date through the date Defendant(s) actually surrender possession.

7.5. Plaintiff is entitled to attorney fees and costs to the extent authorized by Section [__] of the Rental Agreement and applicable law.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendant(s) as follows:

A. For immediate restitution of and possession of the Premises, including the issuance of a writ of restitution pursuant to K.S.A. § 61-3808;

B. For money judgment for unpaid rent, late fees, and other contractual charges in the amount of $[________];

C. For holdover damages pursuant to K.S.A. § 58-2570(c);

D. For physical-damage repair / replacement costs in the amount of $[________];

E. For use-and-occupancy / per-diem rent of $[________] per day from the Termination Date through the date of surrender;

F. For prejudgment and post-judgment interest at the statutory rate;

G. For costs of suit, including filing fees and service fees;

H. For reasonable attorney fees as authorized by the Rental Agreement and Kansas law; and

I. For such other and further relief as the Court deems just and proper.

9. VERIFICATION

STATE OF KANSAS
COUNTY OF [____________]

I, [VERIFIER NAME], being first duly sworn upon oath, depose and state that I am the [Plaintiff / authorized agent / property manager / member] of Plaintiff in the foregoing Petition; that I have read the Petition; and that the factual allegations contained therein are true and correct to the best of my knowledge, information, and belief.

Subscribed and sworn to before me this [__] day of [__________, ____].

10. SIGNATURE, SERVICE, AND CERTIFICATIONS

ATTORNEYS / PRO SE FOR PLAINTIFF

SCRA NON-MILITARY AFFIDAVIT (REQUIRED FOR DEFAULT JUDGMENT): A separate Servicemembers Civil Relief Act (50 U.S.C. § 3931) non-military affidavit will be filed with any motion for default judgment. Plaintiff has consulted the DMDC database (https://scra.dmdc.osd.mil) regarding each named adult Defendant.

11. EXHIBITS

12. PRACTICE NOTES

Filing court. File in the District Court of the county where the Premises is located. Eviction cases proceed on the Limited Actions docket under Chapter 61 if the amount in controversy is $25,000 or less. K.S.A. § 61-2802.

Summons. The clerk issues the summons under K.S.A. § 61-3805 setting the appearance date not less than 3 nor more than 14 days after issuance. Confirm local-rule deadlines for service before that date (typically 7 days minimum). Service is by sheriff or by special process server appointed by the court.

Defendant's response window. Defendant must appear in person or by counsel on the date set in the summons OR file a written answer by that date. K.S.A. § 61-3805 / § 61-3806. If Defendant appears and disputes possession, the court will set an answer/trial schedule — answer due not later than 14 days after the appearance date.

Default judgment. If Defendant fails to appear or answer, file a motion for default judgment with: (a) verified petition, (b) proof of service of summons, (c) SCRA non-military affidavit, (d) attorney-fee affidavit if seeking fees, (e) damages affidavit. Most districts require an in-person or video appearance even for default.

Trial. Forcible detainer trials are typically same-day bench trials on the appearance date when possession is contested. Have witnesses (rent ledger custodian, property manager, photos, predicate notice and proof of service) ready.

Writ of restitution. Upon judgment for possession, the court issues a writ of restitution under K.S.A. § 61-3808 directing the sheriff to remove Defendant within a statutory window (commonly 10 days from judgment, varies by district — verify local rule). Coordinate the lockout with the sheriff's civil division.

Stay pending appeal. Defendant may appeal but must post a supersedeas bond covering rent during the appeal period; otherwise the writ proceeds.

Anti-discrimination. Be prepared to address any tenant defense alleging discrimination under the Federal Fair Housing Act, Kansas Act Against Discrimination, or HUD Section 504 / ADA reasonable accommodation. Maintain a clean, neutral, documented business reason for termination and consistent enforcement records.

Habitability counterclaim setoff. Tenants frequently raise warranty-of-habitability counterclaims under K.S.A. § 58-2553 with rent setoffs under K.S.A. § 58-2559 (specific repairs) or § 58-2561 (essential services). Be prepared to introduce repair logs and inspection records.

Security deposit interplay. A landlord who has not yet returned the security deposit cannot claim the deposit AND demand the same amount as unpaid rent. Apply the deposit per K.S.A. § 58-2550 and account for it in the damages calculation.

13. SOURCES AND REFERENCES

• K.S.A. § 61-2801 et seq. — Code of Civil Procedure for Limited Actions
• K.S.A. § 61-2802 — $25,000 jurisdictional cap for limited actions
• K.S.A. § 61-2904 — Pleadings; affirmative defenses (incorporates K.S.A. § 60-208(c))
• K.S.A. § 61-3801 et seq. — Forcible Detainer (Eviction)
• K.S.A. § 61-3803 — Notice to leave premises (3-day pre-suit notice)
• K.S.A. § 61-3804 — Petition for claim
• K.S.A. § 61-3805 — Summons; time for appearance
• K.S.A. § 61-3806 — Appearance; answer
• K.S.A. § 61-3807 — Trial
• K.S.A. § 61-3808 — Writ of restitution
• K.S.A. § 58-2540 et seq. — Kansas Residential Landlord and Tenant Act
• K.S.A. § 58-2550 — Security deposits
• K.S.A. § 58-2553 — Landlord obligations / warranty of habitability
• K.S.A. § 58-2559 — Failure to maintain; tenant's specific-performance / damages remedy
• K.S.A. § 58-2561 — Essential services failure; remedies
• K.S.A. § 58-2563 — Self-help eviction prohibited
• K.S.A. § 58-2564 — Material noncompliance / nonpayment of rent
• K.S.A. § 58-2570 — Termination of tenancy; holdover damages
• K.S.A. § 58-2572 — Retaliation prohibited
• K.S.A. § 60-208 — Affirmative defenses
• K.S.A. § 16-201 — Post-judgment interest
• 42 U.S.C. § 3601 et seq. — Federal Fair Housing Act
• 50 U.S.C. § 3901 et seq. — Servicemembers Civil Relief Act
• DMDC SCRA database — https://scra.dmdc.osd.mil
• Kansas Revisor of Statutes — https://ksrevisor.gov/statutes/ksa_ch61.html
• Kansas Judicial Branch Eviction Resources — https://kscourts.gov/Public/Eviction-Resources
• Kansas Legal Services — https://www.kansaslegalservices.org/