NOTICE TO VACATE / PAY OR QUIT / CURE OR QUIT

(Kansas Residential Landlord–Tenant Act – K.S.A. 58-2540 et seq.)

[// GUIDANCE: Select the bracketed options that fit the factual circumstances (e.g., “Pay or Quit” for non-payment, “Cure or Quit” for lease violations, or “Notice to Vacate” for periodic tenancy termination). Delete inapplicable text before service.]

I. DOCUMENT HEADER

1. Parties
Landlord/Owner (“Landlord”): [LANDLORD LEGAL NAME]
Tenant(s) (“Tenant”): [TENANT LEGAL NAME(S)]
Premises: [UNIT/PROPERTY ADDRESS, CITY, KS ZIP]

2. Recitals
A. Landlord and Tenant entered into a written/oral lease dated [LEASE DATE] (“Lease”).
B. Tenant is in possession of the Premises under the Lease.
C. Landlord issues this Notice pursuant to the Kansas Residential Landlord and Tenant Act (“KRLTA”) to enforce statutory and Lease rights.

3. Effective Date
This Notice is deemed served on the Service Date certified in the Certificate of Service below. All statutory deadlines run from the Service Date. See Kan. Stat. Ann. § 58-2567 (2023).

II. DEFINITIONS

1. “Applicable Notice Period” means the statutory number of days Tenant is afforded to act before Landlord may file an eviction (forcible detainer) action, calculated from (but excluding) the Service Date.
   a. Non-Payment of Rent: 3 days to pay or surrender possession. Kan. Stat. Ann. § 58-2564(a) (2023).
   b. Curable Lease Violation: 14 days to cure; if cured but repeated within 6 months, Landlord may terminate on 30-day notice without opportunity to cure. § 58-2564(b).
   c. Material Criminal/Drug Activity: 3 days unconditional quit. § 58-2564(c).
   d. Month-to-Month / Periodic Tenancy Termination: 30 days before next periodic rental date. § 58-2570(b).

2. “Rent Arrearage” means the sum of all unpaid rent and late fees through the Service Date: $[AMOUNT].

3. “Cure” means full performance of the act(s) described in Section III within the Applicable Notice Period.

III. OPERATIVE PROVISIONS

1. Statutory Notice
   Pursuant to K.S.A. 58-2564 and/or 58-2570, Landlord hereby demands that Tenant, within the Applicable Notice Period:

☐ Pay or Quit: Pay the Rent Arrearage AND all rent that becomes due before payment is tendered; or surrender possession.
☐ Cure or Quit: Remedy the following material Lease violation(s):
[DESCRIBE VIOLATION(S)], or surrender possession.
☐ Unconditional Quit: Vacate and surrender possession due to the following non-curable breach:
[DESCRIBE CRIMINAL/DRUG ACTIVITY OR IRREPARABLE BREACH].
☐ Notice to Vacate (Periodic Tenancy): Vacate and surrender possession on or before [DATE ≥ 30 DAYS AFTER SERVICE].

2. Manner of Cure or Payment
   Payments must be made by [ACCEPTED PAYMENT METHOD(S)] and delivered to [DELIVERY ADDRESS] during normal business hours. Partial payment will / will not be accepted at Landlord’s discretion.

3. Consequences of Non-Compliance
   Failure to comply fully within the Applicable Notice Period will result in immediate initiation of an eviction action in the [COUNTY] County District Court Housing Department (“Housing Court”) and may expose Tenant to liability for holdover rent, court costs, and statutory damages.

IV. REPRESENTATIONS & WARRANTIES

1. Landlord Authority. Landlord warrants that it holds legal title or management authority to issue this Notice.
2. Accuracy. Landlord has made a good-faith examination of its records and believes the statements herein are true and correct.

V. COVENANTS & RESTRICTIONS

Tenant remains obligated to comply with all Lease terms and applicable law during the pendency of any notice period or eviction proceeding.

VI. DEFAULT & REMEDIES

A. Event of Default. Tenant’s failure to comply within the Applicable Notice Period constitutes a material default.
B. Remedies. Upon default, Landlord may (i) file a Petition for Possession; (ii) seek money judgment for rent, fees, and damages; (iii) request issuance of a writ of restitution; and (iv) pursue any other remedy available at law or in equity.
C. Attorney Fees & Costs. If awarded by the court or Lease, Tenant shall reimburse Landlord for all reasonable attorney fees and costs incurred.

VII. RISK ALLOCATION

[// GUIDANCE: Indemnification and liability caps are marked “not applicable” per the request. Omit additional clauses.]

VIII. DISPUTE RESOLUTION

1. Governing Law. This Notice and any ensuing action are governed by Kansas law, including the KRLTA.
2. Forum Selection. Exclusive venue lies in the District Court of the county where the Premises are located, Housing Court Division, as permitted under K.S.A. 60-601 et seq.
3. Arbitration. Arbitration is NOT available for forcible detainer actions under Kansas law.
4. Jury Trial. Tenant’s constitutional right to a jury trial is preserved.
5. Injunctive Relief. Landlord reserves the right to seek immediate possession and any provisional remedies allowed by statute.

IX. GENERAL PROVISIONS

1. No Waiver. Acceptance of partial rent after Service Date does not waive Landlord’s right to possession unless Landlord executes a written waiver.
2. Severability. If any portion of this Notice is held invalid, the remainder shall remain in full force.
3. Integration. This Notice constitutes the entire eviction notice required by law; no oral statements modify its terms.
4. Electronic Signatures. Facsimile, scanned, or electronic signatures shall be deemed originals for all purposes.

X. EXECUTION & CERTIFICATE OF SERVICE

LANDLORD/OWNER:

[NAME & TITLE]
Date: _____

[// GUIDANCE: If entity-owned property, add corporate authority statement (e.g., “I am duly authorized to sign on behalf of Landlord LLC.”).]

Certificate of Service

I, the undersigned, certify that on //20___ (“Service Date”) I served a true and correct copy of the foregoing Notice upon Tenant by:

☐ Personal delivery to Tenant at the Premises.
☐ Leaving a copy at the Premises with [NAME], a person of suitable age.
☐ Mailing via first-class mail, postage prepaid, to the Premises/last known address.
☐ Posting the Notice conspicuously on the main entry door and mailing a copy as above.

[SERVER NAME & SIGNATURE]
Date: _____

[// GUIDANCE: Retain proof of service (e.g., USPS certificate of mailing, photograph of posted notice). Kansas courts routinely dismiss eviction petitions lacking adequate service evidence.]

IMPORTANT
This Notice is a legal prerequisite to filing an eviction lawsuit. Tenant may consult an attorney. Failure to act within the Applicable Notice Period will result in court proceedings and potential judgment against Tenant.