Kansas 14-Day Notice to Cure / 30-Day Notice to Vacate (Material Noncompliance)

KANSAS NOTICE OF MATERIAL NONCOMPLIANCE — 14 DAYS TO CURE / 30-DAY TERMINATION

TABLE OF CONTENTS

1. Heading and Tenant Identification
2. Premises Description
3. Statement of Breach
4. Cure Demand and Termination Date
5. Repeat Breach Notice (Alternate)
6. Tenant Rights and Statutory Recitals
7. Reservation of Rights
8. Landlord Signature
9. Proof of Service
10. Practice Notes
11. Sources and References

1. HEADING AND TENANT IDENTIFICATION

NOTICE OF MATERIAL NONCOMPLIANCE — 14-DAY CURE / 30-DAY TERMINATION

Pursuant to K.S.A. § 58-2564(a) and K.S.A. § 61-3803

2. PREMISES DESCRIPTION

You are presently in possession of the following residential premises (the "Premises") in [CITY], [COUNTY] County, Kansas, pursuant to a rental agreement dated [__/__/____]:

[STREET ADDRESS, UNIT/APT #, CITY, KS, ZIP]

3. STATEMENT OF BREACH

You are in MATERIAL NONCOMPLIANCE with the rental agreement and/or with your obligations under K.S.A. § 58-2555 (tenant duties materially affecting health and safety). The specific acts and omissions constituting the breach are:

Breach 1

Breach 2 (if applicable)

Breach 3 (if applicable)

4. CURE DEMAND AND TERMINATION DATE

YOU ARE HEREBY REQUIRED to remedy each breach described above WITHIN FOURTEEN (14) DAYS after receipt of this Notice.

Required cure action(s):

[DESCRIBE WHAT TENANT MUST DO — e.g., remove unauthorized occupant, remove unauthorized pet, restore property to undamaged condition, cease the prohibited conduct, repair damage, dispose of accumulated trash, etc.]

IF THE BREACH IS NOT REMEDIED WITHIN 14 DAYS (or if you fail to adequately initiate a good-faith effort to remedy within 14 days), THE RENTAL AGREEMENT WILL TERMINATE on the Termination Date set forth above, which is not less than thirty (30) days after your receipt of this Notice, regardless of the periodic rent-paying date. K.S.A. § 58-2564(a). On termination, you must vacate and surrender possession of the Premises. If you fail to do so, the Landlord intends to commence a forcible detainer action under K.S.A. § 61-3801 et seq.

Good-Faith Cure Saves the Tenancy. Under K.S.A. § 58-2564(a), if the breach is remediable by repairs, payment of damages, or otherwise, and you adequately initiate a good-faith effort to remedy the breach prior to the Termination Date, the rental agreement will NOT terminate.

5. REPEAT BREACH NOTICE (ALTERNATE)

☐ REPEAT BREACH — NO CURE OFFERED. This Notice is served because the same or substantially similar breach has recurred after the 14-day period provided in the prior Notice of Material Noncompliance dated [__/__/____] (attached as Exhibit A). Under K.S.A. § 58-2564(a), the rental agreement will TERMINATE on [__/__/____] (not less than 30 days after receipt of this Notice), without further opportunity to cure. You must vacate and surrender possession on or before that date.

Description of recurring breach:

[________________________________]

Date(s) of recurrence:

[__/__/____]

6. TENANT RIGHTS AND STATUTORY RECITALS

Right to Cure (First Notice). K.S.A. § 58-2564(a) preserves the tenancy if the breach is cured — or a good-faith cure is initiated — within 14 days of receipt of this Notice (first occurrence only).

Habitability and Repair-and-Deduct. Tenants who believe the dwelling does not comply with K.S.A. § 58-2553 (running water, hot water, heat, electrical, plumbing, sanitation, building/housing code compliance) may have defenses to noncompliance allegations and may pursue remedies under K.S.A. §§ 58-2559 (specific repairs), 58-2561 (essential services), and 58-2553. Consult counsel before withholding rent.

Self-Help Prohibited. K.S.A. § 58-2563 prohibits the Landlord from locking out the Tenant, removing belongings, or shutting off essential utilities. Eviction must occur only by court order.

Retaliation Prohibited. K.S.A. § 58-2572 prohibits termination, rent increases, or service decreases in retaliation for tenant complaints to a code-enforcement agency, complaints to the Landlord about K.S.A. § 58-2553 violations, or tenant-union activity.

Discrimination Prohibited. Federal Fair Housing Act (42 U.S.C. § 3601 et seq.) and the Kansas Act Against Discrimination (K.S.A. § 44-1015 et seq.) prohibit discrimination based on race, color, religion, sex, disability, familial status, national origin, or ancestry. Reasonable accommodation requests for disability must be considered.

Servicemembers. Tenants on active military duty have rights under the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq.

Legal Aid. Kansas Legal Services (1-800-723-6953) provides free or low-cost assistance to eligible Kansas tenants.

7. RESERVATION OF RIGHTS

The Landlord reserves all rights and remedies available under the rental agreement, the Kansas Residential Landlord and Tenant Act (K.S.A. § 58-2540 et seq.), and other applicable law, including (without limitation) the right to recover damages, costs, attorney fees if authorized by the rental agreement, and to seek injunctive relief under K.S.A. § 58-2564(c). Service of this Notice does not waive any prior or concurrent breach. Acceptance of rent during the cure period applies first to outstanding obligations and does not constitute a waiver of this Notice unless expressly stated in writing.

8. LANDLORD SIGNATURE

9. PROOF OF SERVICE

I, [SERVER NAME], declare under penalty of perjury under the laws of the State of Kansas that on [__/__/____] at approximately [__:__ AM/PM], I served this Notice on the above-named Tenant(s) at the Premises by the following method(s) authorized under K.S.A. § 61-3803:

☐ Personal delivery to Tenant at [ADDRESS].

☐ Substituted service by leaving a copy with [NAME], a person residing on the Premises who is at least twelve (12) years of age.

☐ Posting the Notice in a conspicuous place on the Premises after a reasonable attempt at personal service.

☐ Mailing by first-class U.S. mail (and/or certified mail, return receipt requested) to Tenant at [ADDRESS], with two (2) additional days added to the relevant period.

10. PRACTICE NOTES

Specificity is jurisdictional. Notices that fail to "specify the acts and omissions" with reasonable particularity have been held insufficient. Avoid catch-all phrases. Tie each alleged breach to a specific lease provision or to a specific clause of K.S.A. § 58-2555.

Computing the dates. Day 1 begins on the day after the Tenant receives the Notice. Add 2 mailing days if served by mail. The 14-day and 30-day periods may run concurrently — i.e., the 30-day termination date can be exactly Day 30 from receipt, with the 14-day cure window ending on Day 14. Avoid drafting notices where the termination date falls less than 30 days from receipt.

Adequate initiation of cure. Tenants who begin a good-faith cure (e.g., requesting repair invoices, ordering needed parts, removing some but not all unauthorized items) within 14 days are protected. Document with photographs and dated correspondence whether the Tenant has actually cured or only made a token effort.

Repeat-breach predicate. The repeat-breach rule requires that a prior 14-day notice have been served AND the 14-day cure window have expired. Successful invocation requires evidence of (1) the prior notice, (2) cure (or non-cure followed by acquiescence by the landlord), and (3) recurrence of the same or substantially similar breach.

Combine pre-suit notice. This Notice satisfies K.S.A. § 61-3803 if it gives at least 3 days' notice to leave before suit is filed, which the 30-day termination date easily exceeds.

Mobile home parks. Use the manufactured home statute (K.S.A. § 58-25,121 et seq.) — separate notice and remedy framework.

11. SOURCES AND REFERENCES

• K.S.A. § 58-2540 et seq. — Kansas Residential Landlord and Tenant Act (KRLTA)
• K.S.A. § 58-2553 — Landlord obligations / warranty of habitability
• K.S.A. § 58-2555 — Tenant maintenance obligations
• K.S.A. § 58-2563 — Self-help eviction prohibited
• K.S.A. § 58-2564 — Material noncompliance by tenant; notice; termination
• K.S.A. § 58-2572 — Retaliation prohibited
• K.S.A. § 61-3801 et seq. — Forcible Detainer (Evictions)
• K.S.A. § 61-3803 — Notice to leave premises
• K.S.A. § 61-3805 — Summons; time for appearance
• K.S.A. § 44-1015 et seq. — Kansas Act Against Discrimination
• 42 U.S.C. § 3601 et seq. — Federal Fair Housing Act
• 50 U.S.C. § 3901 et seq. — Servicemembers Civil Relief Act
• Kansas Revisor of Statutes — https://ksrevisor.gov/statutes/ksa_ch58.html
• Kansas Judicial Branch — https://kscourts.gov/Public/Eviction-Resources
• Kansas Legal Services — https://www.kansaslegalservices.org/