Kansas 30-Day Notice to Terminate Tenancy (No-Cause / Periodic Tenancy)

KANSAS NOTICE TO TERMINATE PERIODIC TENANCY (NO CAUSE) — 30-DAY NOTICE

TABLE OF CONTENTS

1. Heading and Tenant Identification
2. Premises Description and Tenancy
3. Notice of Termination
4. Surrender, Move-Out, and Security Deposit
5. Tenant Rights and Statutory Recitals
6. Reservation of Rights
7. Landlord Signature
8. Proof of Service
9. Practice Notes
10. Sources and References

1. HEADING AND TENANT IDENTIFICATION

NOTICE OF TERMINATION OF PERIODIC TENANCY

Pursuant to K.S.A. § 58-2570 and K.S.A. § 61-3803

2. PREMISES DESCRIPTION AND TENANCY

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

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

Tenancy details:

3. NOTICE OF TERMINATION

YOU ARE HEREBY NOTIFIED that the periodic tenancy described above is TERMINATED effective the following date:

This Notice provides at least thirty (30) days before the next periodic rent-paying date specified above, in accordance with K.S.A. § 58-2570(b). (For week-to-week tenancies, the period is 7 days under K.S.A. § 58-2570(a).) If served by mail, two (2) additional days have been added to the notice period.

You must surrender possession of the Premises and deliver all keys, garage door openers, mail keys, parking permits, and access cards to the Landlord on or before the Termination Date. No reason or cause for this Notice is required under K.S.A. § 58-2570 for a periodic tenancy.

If you fail to vacate by the Termination Date, the Landlord intends to commence a forcible detainer action under K.S.A. § 61-3801 et seq., and may seek damages for willful holdover not made in good faith of up to 1.5 months' rent or 1.5 times the Landlord's actual damages, whichever is greater, pursuant to K.S.A. § 58-2570(c).

4. SURRENDER, MOVE-OUT, AND SECURITY DEPOSIT

Surrender procedures:

☐ Schedule a move-out walk-through inspection by contacting [CONTACT] at [PHONE/EMAIL] at least 7 days before the Termination Date.

☐ Return all keys and access devices to [ADDRESS] by the Termination Date.

☐ Provide a forwarding address in writing for return of any security deposit balance.

Forwarding address (required for deposit return):

Name: [________________________________]

Street: [________________________________]

City/State/ZIP: [________________________________]

Security Deposit (K.S.A. § 58-2550): The Landlord shall return any portion of the security deposit not lawfully retained for unpaid rent, damages beyond ordinary wear and tear, or other charges authorized by the rental agreement and statute, within 14 days after determining the amount to be retained, but in no event later than 30 days after termination of the tenancy, delivery of possession, and demand by the Tenant. Willful failure to comply entitles the Tenant to damages equal to 1.5 times the wrongfully withheld amount.

Statutory deposit limits (for reference): Unfurnished — 1 month's rent; Furnished — 1.5 months' rent; Pets — additional 0.5 month's rent.

5. TENANT RIGHTS AND STATUTORY RECITALS

No Self-Help. K.S.A. § 58-2563 prohibits the Landlord from locking out the Tenant, removing belongings, or shutting off essential utilities. Eviction may occur only by court order following a forcible detainer action.

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. A no-cause termination served close in time to such protected activity may be challenged as retaliatory; the Tenant may raise retaliation as an affirmative defense in any subsequent eviction action.

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 termination because of race, color, religion, sex, disability, familial status, national origin, or ancestry. Reasonable-accommodation requests for tenants with disabilities must be considered and a no-cause termination may not be used as a pretext to deny accommodation.

Servicemembers. Tenants on active military duty have rights under the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq., including stays of eviction. Conversely, a tenant who is a servicemember may terminate a tenancy on 15 days' notice when termination is necessitated by military orders. K.S.A. § 58-2570(b).

Holdover Damages. A willful holdover not made in good faith may expose the Tenant to damages of up to 1.5 months' rent or 1.5x actual damages, whichever is greater. K.S.A. § 58-2570(c).

Legal Aid. Kansas Legal Services (1-800-723-6953) provides assistance for eligible tenants.

6. RESERVATION OF RIGHTS

The Landlord expressly reserves all rights under the rental agreement, the Kansas Residential Landlord and Tenant Act, and other applicable law. Acceptance of rent for any period AFTER the Termination Date may waive this Notice unless expressly designated in writing as "use and occupancy" or "holdover damages, without waiver of termination notice dated [__/__/____]." Service of this Notice does not waive the right to recover damages, holdover damages, costs, or attorney fees authorized by the rental agreement.

7. LANDLORD SIGNATURE

8. 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.

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

☐ Posting in a conspicuous place on the Premises after 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 notice period.

9. PRACTICE NOTES

Periodic rent-paying date. Calendar the Termination Date carefully. K.S.A. § 58-2570(b) requires that termination of a month-to-month tenancy occur on a "periodic rent-paying date." A notice that purports to terminate mid-period is defective and will be dismissed.

Definite-term lease. A 6-month or 12-month lease with rent reserved monthly is NOT month-to-month. K.S.A. § 58-2570(a). Use a non-renewal letter (sent before the lease expires per any contractual notice clause) and allow the term to end naturally; if the tenant holds over, K.S.A. § 58-2570(c) applies.

Retaliation risk. Even though the notice need not state cause, a written internal record of the legitimate, non-retaliatory business reason (sale of property, owner move-in, renovation) is essential. Plaintiff landlord bears the rebuttal burden if the tenant raises retaliation.

Federally subsidized programs. HUD, LIHTC, USDA Rural Development, and most Section 8 voucher programs require GOOD CAUSE for termination during the lease term and impose specific notice content. Do NOT use this form for those tenancies without separate program-specific notices.

Combine with K.S.A. § 61-3803 pre-suit notice. The 30-day period easily satisfies the 3-day statutory pre-suit notice. Specifically state that the Notice is also given under K.S.A. § 61-3803 to avoid any argument that an additional notice is required before filing.

Mid-month service. If served on April 26 with rent due the 1st, the earliest valid Termination Date is May 31 (the day before the next periodic rent-paying date that is at least 30 days away). If mailed, push to add 2 days.

Local rules. Some Kansas localities provide additional notice or relocation assistance for "just cause" categories such as building condemnation. Check Wichita, Topeka, Kansas City KS, Lawrence, Manhattan, and Overland Park ordinances.

10. SOURCES AND REFERENCES

• K.S.A. § 58-2540 et seq. — Kansas Residential Landlord and Tenant Act
• K.S.A. § 58-2550 — Security deposits
• K.S.A. § 58-2553 — Landlord obligations / warranty of habitability
• K.S.A. § 58-2563 — Self-help eviction prohibited
• K.S.A. § 58-2570 — Termination of tenancy; notice; holdover
• 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. § 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/