Kansas eviction notice and late fee rules

Notice for unpaid rent

3 days — The landlord may terminate if rent is unpaid when due and the tenant fails to pay within three days after written notice of nonpayment and intent to terminate; the three days are computed as three consecutive 24-hour periods.

Ending a month-to-month tenancy

A week-to-week tenancy may be ended with written notice at least seven days before the termination date; a month-to-month tenancy by written notice stating it ends on a periodic rent-paying date not less than 30 days after receipt.

Late-fee limit

No statutory cap found

Grace period before a late fee

None found in the statutes we read

Notice for unpaid rent

The landlord may terminate if rent is unpaid when due and the tenant fails to pay within three days after written notice of nonpayment and intent to terminate; the three days are computed as three consecutive 24-hour periods.

“The landlord may terminate the rental agreement if rent is unpaid when due and the tenant fails to pay rent within three days, after written notice by the landlord of nonpayment and such landlord's intention to terminate the rental agreement if the rent is not paid within such three-day period. The three-day notice period provided for in this subsection shall be computed as three consecutive 24-hour periods.”
Kan. Stat. Ann. § 58-2564(b)

Notice for other lease violations

For a material noncompliance, the landlord may give written notice that the agreement will terminate not less than 30 days after receipt if the breach is not remedied in 14 days.

“the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice, if the breach is not remedied in 14 days.”
Kan. Stat. Ann. § 58-2564(a)

Ending a month-to-month or other periodic tenancy

A week-to-week tenancy may be ended with written notice at least seven days before the termination date; a month-to-month tenancy by written notice stating it ends on a periodic rent-paying date not less than 30 days after receipt.

“(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days prior to the termination date specified in the notice. (b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other party stating that the tenancy shall terminate upon a periodic rent-paying date not less than 30 days after the receipt of the notice,”
Kan. Stat. Ann. § 58-2570(a)-(b)

Lockouts and utility shutoffs

If the landlord unlawfully removes or excludes the tenant or willfully interrupts essential services, the tenant may recover possession or terminate and recover up to 1½ months' periodic rent or the damages sustained, whichever is greater.

“If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than one and one-half (1½) months' periodic rent or the damages sustained by the tenant, whichever is greater.”
Kan. Stat. Ann. § 58-2563

Retaliation

Except as provided in the section, a landlord may not retaliate by increasing rent or decreasing services after any of the tenant actions listed in the statute.

“Except as otherwise provided in this section, a landlord may not retaliate by increasing rent or decreasing services after:”
Kan. Stat. Ann. § 58-2572(a)

If the landlord violates subsection (a), the tenant has the remedies of § 58-2563 and a defense in a possession action.

“If the landlord acts in violation of subsection (a) of this section, the tenant is entitled to the remedies provided in K.S.A. 58-2563 and has a defense in an action against such tenant for possession.”
Kan. Stat. Ann. § 58-2572(b)

What the notice must say and how it is delivered

When the notice is served on the tenant or a person over 12 residing on the premises, or posted in a conspicuous place, the three-day period starts at delivery or posting.

“When such notice is served on the tenant or to some person over 12 years of age residing on the premises, or by posting a copy of the notice in a conspicuous place thereon, the three-day period shall commence at the time of delivery or posting.”
Kan. Stat. Ann. § 58-2564(b)

When the notice is mailed, an additional two days from mailing should be allowed for the tenant to pay and avoid termination.

“When such notice is delivered by mailing, an additional two days from the date of mailing should be allowed for the tenant to pay such tenant's rent and thereby avoid having the rental agreement terminated.”
Kan. Stat. Ann. § 58-2564(b)

Court deadlines and the eviction case

The appearance date in an eviction summons is set by the court and must be not less than three nor more than 14 days after the summons is issued.

“Such time shall be not less than three nor more than 14 days after the date the summons is issued.”
Kan. Stat. Ann. § 61-3805

If a trial is necessary, it must be held within 14 days after the appearance date in the summons.

“If a trial is necessary, the trial shall be conducted within 14 days after the appearance date stated in the summons.”
Kan. Stat. Ann. § 61-3807(a)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Kansas rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Kansas have to give for unpaid rent?

The landlord may terminate if rent is unpaid when due and the tenant fails to pay within three days after written notice of nonpayment and intent to terminate; the three days are computed as three consecutive 24-hour periods. (Kan. Stat. Ann. § 58-2564(b)).

How much notice is needed to end a month-to-month tenancy in Kansas?

A week-to-week tenancy may be ended with written notice at least seven days before the termination date; a month-to-month tenancy by written notice stating it ends on a periodic rent-paying date not less than 30 days after receipt. (Kan. Stat. Ann. § 58-2570(a)-(b)).