Kansas 3-Day Notice to Pay Rent or Quit (Residential)

KANSAS 3-DAY NOTICE TO PAY RENT OR QUIT (RESIDENTIAL)

TABLE OF CONTENTS

1. Heading and Tenant Identification
2. Premises Description
3. Statement of Rent Default
4. Demand to Pay or Vacate
5. Payment Instructions
6. Statutory Recitals and Tenant Rights
7. Reservation of Rights
8. Landlord Signature
9. Proof of Service / Certificate of Delivery
10. Practice Notes
11. Sources and References

1. HEADING AND TENANT IDENTIFICATION

THREE (3) DAY NOTICE TO PAY RENT OR QUIT

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

2. PREMISES DESCRIPTION

You are hereby notified that you are presently in possession of the following residential premises (the "Premises") situated in [CITY], [COUNTY] County, Kansas:

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

Legal description (if applicable): [________________________________]

3. STATEMENT OF RENT DEFAULT

You are in default under the rental agreement dated [__/__/____] for nonpayment of rent. The following amounts are now due and unpaid:

4. DEMAND TO PAY OR VACATE

YOU ARE HEREBY REQUIRED, within THREE (3) days after delivery of this Notice, either to:

(a) PAY the full amount of $[________] in rent and lawful charges set forth above; OR

(b) VACATE and surrender possession of the Premises to the Landlord.

The 3-day period is computed as three (3) consecutive 24-hour periods beginning at the time this Notice is delivered, posted, or mailed pursuant to K.S.A. § 58-2564(b) and K.S.A. § 61-3803. If this Notice is served by mail, an additional two (2) days are added for mailing.

DEADLINE TO CURE OR VACATE: [__/__/____] at [__:__ AM/PM]

If you fail to pay the amount demanded OR surrender possession on or before the deadline, the Landlord intends to terminate your tenancy and commence a forcible detainer action under K.S.A. § 61-3801 et seq. to recover possession of the Premises, together with all rent and damages owed, court costs, and other relief permitted by law and the rental agreement.

5. PAYMENT INSTRUCTIONS

Payment of the full amount must be tendered IN FULL (no partial tender will cure this default unless expressly accepted in writing) by one of the following methods:

☐ Personal delivery to: [NAME], [ADDRESS], between [HOURS]

☐ Mail (postmarked by deadline) to: [ADDRESS]

☐ Electronic payment via: [PORTAL / ZELLE / ACH DETAILS]

☐ Other: [________________________________]

Form of payment accepted: ☐ Cash ☐ Cashier's check ☐ Money order ☐ Personal check ☐ Electronic transfer

6. STATUTORY RECITALS AND TENANT RIGHTS

Right to Cure. Under K.S.A. § 58-2564(b), full payment of all rent demanded within the 3-day period (plus 2 mail days, if served by mail) cures the default and reinstates the tenancy as to this notice.

No Self-Help. The Landlord may NOT lock you out, remove your belongings, or shut off utilities. K.S.A. § 58-2563 prohibits these self-help measures and entitles you to recover one and one-half (1½) months' rent or actual damages, whichever is greater. Eviction must occur only by court order following a forcible detainer action.

No Retaliation. K.S.A. § 58-2572 prohibits retaliation by a landlord against a tenant who has complained to a governmental agency about a code violation, complained to the landlord about a violation of K.S.A. § 58-2553 (warranty of habitability), or organized or joined a tenants' union.

Habitability. A material failure of the Landlord's K.S.A. § 58-2553 obligations (running water, hot water, heat, plumbing, electrical, sanitation, applicable code compliance) may give rise to defenses to nonpayment. Tenants should consult counsel before withholding rent.

Servicemembers. If you are a servicemember on active duty (or a covered dependent) within the meaning of the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq., you may have additional protections, including a stay of eviction and the right to terminate the lease upon receipt of qualifying military orders. Notify the Landlord and the court of your status.

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

Legal Aid. Free or low-cost legal assistance for qualifying Kansas tenants may be available through Kansas Legal Services (1-800-723-6953, kansaslegalservices.org).

7. RESERVATION OF RIGHTS

Nothing in this Notice waives any other right or remedy of the Landlord under the rental agreement, the Kansas Residential Landlord and Tenant Act, or other applicable law, including the right to recover unpaid rent, future damages, late fees, attorney fees (if authorized by the lease), and costs. Acceptance of any sum less than the full amount demanded shall be applied first to the oldest outstanding obligation and shall NOT be deemed a waiver of the right to terminate unless accompanied by a written agreement signed by the Landlord. The Landlord expressly reserves the right to combine and serve any other notice required by law (including a separate § 58-2564(a) cure-or-quit notice for any non-rent breach).

8. LANDLORD SIGNATURE

9. PROOF OF SERVICE / CERTIFICATE OF DELIVERY

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 3-Day Notice to Pay Rent or Quit 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 attempting 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 cure period.

10. PRACTICE NOTES

Strict construction. Kansas courts strictly construe statutory eviction notices. Errors in the amount demanded, the deadline, the parties' names, the property address, or the statutory citation will defeat the notice and the subsequent forcible detainer action. Re-serve a corrected notice rather than file on a defective one.

Computing the deadline. K.S.A. § 58-2564(b) measures three "consecutive 24-hour periods." K.S.A. § 61-3803 confirms that intermediate Saturdays, Sundays, and legal holidays are INCLUDED in the computation. Mail service adds 2 days. Conservative practice: serve personally early in the day, post a duplicate, and calendar the deadline as 3 days plus a buffer.

Combining notices. A single document may satisfy both K.S.A. § 58-2564(b) (rent default) and K.S.A. § 61-3803 (statutory pre-suit notice) so long as it states each requirement. This template is drafted to satisfy both.

Acceptance of rent. Accepting any rent for a period AFTER the deadline, without a written reservation, generally waives the notice. If accepting partial rent, use a reservation: "Accepted as partial payment only; landlord does not waive the 3-day notice dated [__/__/____] or the right to terminate."

Mobile home parks. Use the Manufactured Home Residential Landlord and Tenant Act forms (K.S.A. § 58-25,121 et seq.) for mobile home park lot tenancies — distinct notice rules apply.

Filing the eviction. After the deadline expires without cure, file a Petition for Forcible Detainer in the District Court (Limited Actions docket, Chapter 61) of the county where the Premises is located. Summons is set for not less than 3 nor more than 14 days. K.S.A. § 61-3805.

11. SOURCES AND REFERENCES

• K.S.A. § 58-2564 — Material noncompliance by tenant; notice; nonpayment of rent (3-day notice)
• K.S.A. § 58-2507 — Common-law tenancies of 3 months or longer (10-day notice)
• K.S.A. § 58-2508 — Common-law tenancies of less than 3 months (3-day notice)
• K.S.A. § 58-2553 — Landlord obligations / warranty of habitability
• K.S.A. § 58-2563 — Unlawful removal or exclusion of tenant; self-help prohibited
• 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 (statutory pre-suit notice)
• K.S.A. § 61-3805 — Summons; time for appearance
• K.S.A. § 44-1015 et seq. — Kansas Act Against Discrimination (housing)
• 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 self-help — https://kscourts.gov/Public/Eviction-Resources
• Kansas Legal Services — https://www.kansaslegalservices.org/
• Kansas Human Rights Commission — http://www.khrc.net/