Kansas Eviction Notice and Forcible Detainer Petition Package

KANSAS EVICTION NOTICE AND FORCIBLE DETAINER PETITION PACKAGE

Package Contents

Kansas eviction operates under two statutory regimes acting in sequence:

• K.S.A. Chapter 58 (URLTA) — establishes substantive grounds and termination notices.
• K.S.A. Chapter 61 (Limited Actions) — establishes the forcible detainer court procedure.

This package contains:

1. Document A — Three-Day Notice to Pay Rent or Quit (K.S.A. § 58-2564(b))
2. Document B — Fourteen-Day Notice of Noncompliance / Thirty-Day Notice of Termination (K.S.A. § 58-2564(a))
3. Document C — Thirty-Day Notice to Terminate Periodic Tenancy (K.S.A. § 58-2570)
4. Document D — Three-Day Demand for Possession (K.S.A. § 61-3803) — pre-suit
5. Document E — Petition for Forcible Detainer (K.S.A. § 61-3801 et seq.)
6. Document F — Verification / Affidavit
7. Document G — Pre-Service Compliance Checklist

DOCUMENT A — THREE-DAY NOTICE TO PAY RENT OR QUIT

(K.S.A. § 58-2564(b))

TO: [________________________________], Tenant(s)
and all occupants of: [________________________________________________________]
[City: ________________________, County: __________________, Kansas, ZIP: __________]

FROM: [________________________________], Landlord / Agent
Address: [________________________________________________]
Telephone: [________________________]

DATE OF NOTICE: [__/__/____]

NOTICE OF NONPAYMENT AND INTENT TO TERMINATE RENTAL AGREEMENT

YOU ARE HEREBY NOTIFIED, pursuant to K.S.A. § 58-2564(b), that rent for the above-described premises is past due and unpaid.

DEMAND IS HEREBY MADE that you pay the total amount due in full WITHIN THREE (3) DAYS after service of this Notice, or surrender possession of the premises to the Landlord. If you fail to pay within three (3) days, the rental agreement will be terminated, and the Landlord will commence forcible detainer proceedings under K.S.A. § 61-3801 et seq.

COMPUTATION OF THE THREE-DAY PERIOD

The three-day period is computed as THREE CONSECUTIVE 24-HOUR PERIODS beginning at the time this Notice is delivered or posted (K.S.A. § 58-2564(b)).

If this Notice is delivered by mail, an ADDITIONAL TWO (2) DAYS shall be added to the three-day period to allow for delivery.

Method of service (check one):
☐ Personal service on the Tenant on [__/__/____] at [______] a.m./p.m.
☐ Substituted service on [________________________________] (person over 12 years of age residing at the premises) on [__/__/____].
☐ Posting in a conspicuous place at the premises on [__/__/____].
☐ First-class mail postmarked [__/__/____] (add 2 additional days).

Payment may be made to: [________________________________]
At the following address / method: [________________________________]

Landlord / Agent Signature: _______________________________
Printed Name: [________________________________]
Date: [__/__/____]

DOCUMENT B — FOURTEEN-DAY NOTICE OF NONCOMPLIANCE / THIRTY-DAY TERMINATION

(K.S.A. § 58-2564(a))

TO: [________________________________], Tenant(s)
Premises: [________________________________________________________]

DATE: [__/__/____]

NOTICE OF MATERIAL NONCOMPLIANCE WITH RIGHT TO CURE

YOU ARE HEREBY NOTIFIED, pursuant to K.S.A. § 58-2564(a), that you are in material noncompliance with the rental agreement and/or your obligations under K.S.A. § 58-2555 (health and safety) by reason of the following specific act(s) or omission(s):

[____________________________________________________________]
[____________________________________________________________]
[____________________________________________________________]

Date(s) of violation: [__/__/____] [__/__/____]

RIGHT TO CURE — FOURTEEN (14) DAYS; TERMINATION IN THIRTY (30) DAYS

You have FOURTEEN (14) DAYS from receipt of this Notice to initiate a good-faith effort to remedy the breach by [describe required cure]:

[____________________________________________________________]

If the breach is not remedied (or a good-faith effort initiated) within fourteen (14) days, the rental agreement will terminate on [__/__/____] — a date not less than THIRTY (30) DAYS after your receipt of this Notice.

RECURRING BREACH

If a substantially similar breach occurs after the 14-day period, the Landlord may terminate the rental agreement upon thirty (30) days' written notice without providing an opportunity to cure (K.S.A. § 58-2564(a)).

☐ This is a first notice — Tenant has the right to cure within 14 days.
☐ This is a recurring breach within the meaning of § 58-2564(a) — NO RIGHT TO CURE; rental agreement terminates on [__/__/____].

Landlord / Agent Signature: _______________________________
Date: [__/__/____]

DOCUMENT C — THIRTY-DAY NOTICE TO TERMINATE PERIODIC TENANCY

(K.S.A. § 58-2570)

TO: [________________________________], Tenant(s)
Premises: [________________________________________________________]

DATE: [__/__/____]

YOU ARE HEREBY NOTIFIED, pursuant to K.S.A. § 58-2570, that the periodic tenancy at the above-described premises is TERMINATED.

Tenancy type:
☐ Month-to-month — Thirty (30) days' written notice required.
☐ Week-to-week — Seven (7) days' written notice required.

Termination date: [__/__/____]

You are required to vacate and surrender possession of the premises on or before said termination date. If you fail to vacate, the Landlord will commence a forcible detainer action under K.S.A. § 61-3801 et seq.

Landlord / Agent Signature: _______________________________
Date: [__/__/____]

DOCUMENT D — THREE-DAY DEMAND FOR POSSESSION (PRE-SUIT)

(K.S.A. § 61-3803)

TO: [________________________________], Tenant(s)
and all occupants of: [________________________________________________________]

DATE: [__/__/____]

YOU ARE HEREBY NOTIFIED that the rental agreement for the above-described premises has been terminated, and DEMAND IS HEREBY MADE that you quit and surrender possession of the premises to the Landlord WITHIN THREE (3) DAYS of service of this Demand, pursuant to K.S.A. § 61-3803.

Basis for termination (check all applicable):
☐ Three-day nonpayment notice served [__/__/____] (K.S.A. § 58-2564(b)); rent not paid.
☐ Fourteen-day cure notice served [__/__/____] (K.S.A. § 58-2564(a)); breach not cured.
☐ Thirty-day termination of periodic tenancy effective [__/__/____] (K.S.A. § 58-2570).
☐ Holdover after expiration of lease term.
☐ Other: [________________________________]

If you fail to quit and surrender possession within three (3) days, the Landlord will file a Petition for Forcible Detainer in the District Court of [________________________] County, Kansas, seeking possession, past-due rent, damages, costs, and reasonable attorney's fees.

Landlord / Agent Signature: _______________________________
Date: [__/__/____]

DOCUMENT E — PETITION FOR FORCIBLE DETAINER

(K.S.A. § 61-3801 et seq.)

IN THE DISTRICT COURT OF [________________________] COUNTY, KANSAS

LIMITED ACTIONS — CHAPTER 61

Case No.: [________________________]

PETITION FOR FORCIBLE DETAINER

COMES NOW the Plaintiff, [________________________________], and for the Petition against Defendant(s) states as follows:

1. Parties and Premises. Plaintiff is the owner / authorized agent of the residential rental property located at [________________________________________________________], [City: ________________________], [County: __________________], Kansas, ZIP [__________] (the "Premises"). Defendant(s) is/are in possession of the Premises under a rental agreement dated [__/__/____].

2. Jurisdiction and Venue. This Court has jurisdiction pursuant to K.S.A. § 61-2802 and § 61-3801. Venue is proper because the Premises are located in [________________________] County.

3. Rental Terms.

4. Termination of Tenancy. The rental agreement has been duly terminated pursuant to (check all applicable):

☐ K.S.A. § 58-2564(b) — Three-day Notice to Pay Rent or Quit served [__/__/____]. Rent past due: $[____________]. Tenant failed to pay.

☐ K.S.A. § 58-2564(a) — Fourteen-day cure notice served [__/__/____]; Tenant failed to remedy breach. Rental agreement terminated on [__/__/____].

☐ K.S.A. § 58-2570 — Thirty-day notice to terminate periodic tenancy served [__/__/____]; effective [__/__/____].

☐ Holdover — Tenant remained in possession after lease expiration on [__/__/____] (K.S.A. § 58-2565).

5. Three-Day Demand for Possession. Pursuant to K.S.A. § 61-3803, Plaintiff served upon Defendant(s) a Three-Day Demand for Possession on [__/__/____]. Defendant(s) failed to vacate. The Notice and Proof of Service are attached as Exhibit A.

6. Forcible Detainer. Defendant(s) is/are now guilty of forcible detainer in that Defendant(s) is/are unlawfully retaining possession of the Premises after termination of the rental agreement and after lawful demand for possession.

7. Damages.

• Past-due rent: $[____________]
• Per-diem rental value of $[__________] per day from [__/__/____] until possession is restored.
• Late fees: $[____________]
• Property damage: $[____________]
• Attorney's fees: $[____________] (pursuant to rental agreement, paragraph [______], and K.S.A. § 58-2562 / common-law fee-shifting).

8. Federal Overlay. Plaintiff has complied with the federal CARES Act 30-day notice requirement to the extent the Premises constitute a "covered dwelling" under 15 U.S.C. § 9058. The Premises ☐ are / ☐ are NOT a covered dwelling.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court:

(a) Enter judgment in favor of Plaintiff and against Defendant(s) for possession of the Premises;
(b) Issue a Writ of Restitution pursuant to K.S.A. § 61-3808 directing the Sheriff of [________________________] County to remove Defendant(s) and restore Plaintiff to possession;
(c) Award Plaintiff past-due rent of $[____________];
(d) Award per-diem damages of $[__________] per day from [__/__/____] until possession is restored;
(e) Award Plaintiff reasonable attorney's fees and costs of suit;
(f) Grant such other relief as the Court deems just.

Date: [__/__/____]

Respectfully submitted,

_______________________________
[Attorney Name / Plaintiff Pro Se]
[Kansas Bar No.: __________]
[Firm: ________________________________]
[Address: ________________________________]
[Phone: ________________] [Email: ________________]
ATTORNEY FOR PLAINTIFF / PLAINTIFF PRO SE

DOCUMENT F — VERIFICATION / AFFIDAVIT OF LANDLORD

STATE OF KANSAS
COUNTY OF [________________________] ss.

I, [________________________________], being first duly sworn, depose and state:

1. I am the Plaintiff / authorized agent of the Plaintiff in the above-captioned action.

2. I have read the foregoing Petition for Forcible Detainer and the facts stated therein are true and correct to the best of my knowledge, information, and belief.

3. Defendant(s) is/are in unlawful possession of the Premises. The amount of rent past due is $[____________], and the fair rental value of the Premises is $[____________] per month.

4. The applicable statutory notice(s) and the Three-Day Demand for Possession (K.S.A. § 61-3803) were duly served upon Defendant(s) in accordance with law.

_______________________________
[Affiant Signature]

Subscribed and sworn to before me this [____] day of [______________], 20[____].

_______________________________
Notary Public — State of Kansas
My Commission Expires: [__/__/____]

DOCUMENT G — PRE-SERVICE COMPLIANCE CHECKLIST

URLTA Compliance (Chapter 58)

☐ Confirmed URLTA applies — residential property, not excluded by § 58-2541.
☐ Landlord registered any required information per § 58-2551 (name and address for service).
☐ Habitability obligations under § 58-2553 substantially satisfied.
☐ Security deposit handled per § 58-2550.
☐ No retaliation under § 58-2572 (rent withholding, complaints to housing authority).
☐ No prohibited self-help (utility shutoffs, lockouts — § 58-2563).

Notice Compliance

☐ Correct notice form selected:
☐ 3-day pay-or-quit (§ 58-2564(b)) for nonpayment.
☐ 14-day cure / 30-day termination (§ 58-2564(a)) for material noncompliance.
☐ 30-day periodic termination (§ 58-2570).
☐ 3-day notice computed in three consecutive 24-hour periods.
☐ If mailed — two additional days added.
☐ Notice signed and dated by Landlord, Agent, or Attorney.
☐ Notice states specific acts/omissions for cure notices.

Service Compliance

☐ Personal service on Tenant; OR
☐ Substituted service on person OVER 12 years of age at the premises; OR
☐ Posting in conspicuous place at the premises; OR
☐ First-class mail (with 2-day add).
☐ Proof of service documented.

Pre-Suit Demand

☐ Three-Day Demand for Possession (K.S.A. § 61-3803) served AFTER termination of rental agreement.
☐ Demand is separate from URLTA termination notice.

Filing Compliance

☐ Petition filed in District Court — Chapter 61 (Limited Actions).
☐ Filing fee paid (varies by county; typically $40-$100 plus service fee).
☐ Service via Sheriff or process server.
☐ Trial date set 3-14 days from filing (per § 61-3805).
☐ All notices and proofs of service attached as exhibits.
☐ Lease attached as exhibit.
☐ Rent ledger attached as exhibit.

Federal Overlay

☐ CARES Act 30-day notice considered for federally backed properties.
☐ Servicemembers Civil Relief Act considered.
☐ HUD / RD / LIHTC compliance verified if applicable.

KANSAS-SPECIFIC PROCEDURE NOTES

Two-Statute Process. A Kansas eviction requires (1) a Chapter 58 termination notice (3-day, 14/30-day, or 30-day) followed by (2) a Chapter 61 forcible detainer petition preceded by a separate 3-day Demand for Possession (§ 61-3803).

3-Day Notice — 24-Hour Periods + Mail. The 3-day nonpayment notice period is three consecutive 24-hour periods (not "business days"). If served by mail, two extra days are added. Failure to compute correctly is a common ground for dismissal.

Sale or Posting — Person Over 12. Substituted service requires a person OVER 12 years of age (K.S.A. § 58-2564(b)) — not the more common "person of suitable age" standard.

Recurring Breach. A second substantially similar breach within six months after a 14-day cure notice eliminates the right to cure — only the 30-day termination remains.

Writ of Restitution. K.S.A. § 61-3808 governs the writ. The Sheriff typically executes within 14 days of judgment unless the court orders otherwise.

Three-Day Stay. K.S.A. § 61-2709 affords the tenant a 14-day appeal window during which execution may be stayed.

Sources and References

• K.S.A. Chapter 58, Article 25 — URLTA: https://ksrevisor.gov/statutes/chapters/ch58/058_025_0000_a.html
• K.S.A. Chapter 61 — Limited Actions: https://ksrevisor.gov/statutes/chapters/ch61/
• K.S.A. § 58-2564: https://ksrevisor.gov/statutes/chapters/ch58/058_025_0064.html
• Kansas Judicial Council Forms: https://www.kansasjudicialcouncil.org
• Kansas Legal Services: https://www.kansaslegalservices.org

Disclaimer: This template is informational only and not legal advice. Kansas eviction procedure requires precise compliance with both Chapter 58 and Chapter 61. Consult a licensed Kansas attorney prior to service or filing.