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

Petition for Forcible Detainer — Kansas

In the District Court of [COUNTY] County, Kansas

Case No.: [CASE NUMBER, IF ASSIGNED]

Plaintiff petitions for possession of the Premises described below under K.S.A. §§ 61-3801 through 61-3808 and states:

1. Parties, premises, and rental agreement

1. Plaintiff is [OWNER / LANDLORD / AUTHORIZED AGENT; DESCRIBE AUTHORITY]. Defendant(s) are the tenant(s) or occupants whose possession Plaintiff seeks to end.

2. The Premises are [STREET ADDRESS, UNIT, CITY, COUNTY, KANSAS ZIP]. The Premises are in this court's county. K.S.A. § 58-2542 gives the district court jurisdiction over claims governed by the Kansas Residential Landlord and Tenant Act.

3. The parties' rental agreement is dated [DATE]. It is ☐ written (attach as Exhibit A) ☐ oral (state its material terms): [TERMS]. The tenancy is ☐ fixed term through [DATE] ☐ month-to-month ☐ other: [DESCRIBE]. Rent is $[AMOUNT] per [PERIOD], due [DATE OR DAY], if applicable.

2. Ground for possession

Select and complete only the ground supported by the facts.

☐ Unpaid rent — K.S.A. § 58-2564(b). Rent of $[AMOUNT] for [PERIODS] was unpaid when due. Plaintiff gave written notice on [DATE] stating the nonpayment and intent to terminate if rent was not paid. The notice was ☐ delivered to Tenant ☐ delivered to a person over 12 residing at the Premises ☐ posted conspicuously ☐ mailed. Tenant did not pay the unpaid rent during the three consecutive 24-hour periods required by § 58-2564(b); if mailed, Plaintiff also allowed two additional days from mailing for payment. The rental agreement terminated on [DATE].

☐ Material noncompliance — K.S.A. § 58-2564(a). Defendant materially failed to comply with rental agreement term [TERM] or failed to comply with K.S.A. § 58-2555 in a manner materially affecting health and safety, as follows: [SPECIFIC ACTS OR OMISSIONS, DATES, AND EFFECT]. Plaintiff delivered written notice received on [DATE] specifying the breach and a termination date of [DATE], at least 30 days after receipt. The breach ☐ could be remedied but was not remedied in 14 days ☐ could not be remedied because [FACTS]. If the breach was remediable by repairs, payment of damages, or otherwise, Defendant did not adequately initiate a good-faith effort to remedy it before the stated termination date. The rental agreement terminated on [DATE].

☐ Repeat material breach — K.S.A. § 58-2564(a). After the 14-day period in the earlier notice received on [DATE], the same or a similar breach occurred again on [DATE]: [DESCRIBE BOTH BREACHES]. Plaintiff delivered a new written notice received on [DATE] specifying termination on [DATE], at least 30 days after receipt. The rental agreement terminated on that date without another opportunity to remedy.

☐ Month-to-month termination — K.S.A. § 58-2570(b). Defendant received Plaintiff's written notice on [DATE] stating termination on [DATE], a periodic rent-paying date at least 30 days after receipt. That date passed, and the tenancy terminated.

☐ Fixed-term expiration and holdover — K.S.A. § 58-2570(c). The definite rental term expired on [DATE]. Defendant remained in possession without Plaintiff's consent after expiration.

3. Presuit notice and continued possession

4. Before filing, Plaintiff delivered a written notice to leave the Premises under K.S.A. § 61-3803 on [DATE] by ☐ delivery to Defendant ☐ delivery to a person over 12 residing at the Premises ☐ conspicuous posting after no qualifying person was found ☐ mailing to Defendant at the Premises. Plaintiff allowed at least three consecutive 24-hour periods from delivery, posting, or mailing before filing, plus two additional days from mailing if mailed. The notice ☐ was combined with the statutory termination notice described above ☐ was separate. Attach the notice and delivery record as Exhibits B and C.

5. The applicable tenancy termination date and § 61-3803 presuit period have passed. Defendant remains in possession without Plaintiff's consent. Plaintiff seeks possession because [SHORT FACTUAL SUMMARY OF SELECTED GROUND].

4. Rent judgment, if requested

☐ Plaintiff also requests judgment for $[AMOUNT] in rent due for possession of the Premises, for these periods: [PERIODS AND AMOUNTS]. K.S.A. § 61-3804 permits a rent claim in this petition or a later lawsuit. Attach an accurate rent ledger as Exhibit D. This rent claim excludes late fees and other charges unless separately pleaded on a verified legal basis.

5. Request for relief

Plaintiff requests:

1. Judgment for possession of the Premises;
2. On Plaintiff's request after a possession judgment, a writ of restitution under K.S.A. § 61-3808(a);
3. If the rent claim above is selected and proved, judgment for the stated unpaid rent; and
4. Court costs and any further relief authorized by law.

Plaintiff or counsel signature: __________________________

Printed name and capacity: [NAME; ATTORNEY BAR NUMBER OR AUTHORIZED CAPACITY]

Mailing address: [ADDRESS]

Phone and email: [CONTACT]

Date signed: [__/__/____]

Exhibits

Sources and References

• K.S.A. § 58-2542 — district-court jurisdiction
• K.S.A. § 58-2564 — rent and material-breach termination
• K.S.A. § 58-2570 — monthly termination and holdover possession
• K.S.A. § 61-3801 — eviction lawsuit scope
• K.S.A. § 61-3803 — presuit notice to leave
• K.S.A. § 61-3804 — petition and optional rent claim
• K.S.A. § 61-3808 — writ after possession judgment
• Kansas Judicial Branch eviction resources — court process and optional Kansas Judicial Council forms