STEPS IN THE EVICTION PROCESS
In All cases an attorney should be consulted for additional information.
1. NOTICE TO VACATE – Written three (3) day notice to vacate, given to the tenant from the landlord notifying the tenant to leave the premises. Notice must be given at least three days prior to initiation of the lawsuit for rent and possession. KSA (Kansas Statues Annotated) 61-3803 and 58-2540
2. FORCIBLE DETAINER – This is an official court document consisting of a Summons and Petition. The petition outlines the particulars or facts of the action filed by the landlord (plaintiff) against the tenant (defendant) and will list what the plaintiff is asking the court to do (judgment). This document is filed with the Clerk of the District Court. The Clerk of the District Court will assign a case number and court date. KSA 61-3804 and 61-3805
3. Trial – The judgment will depend upon what was listed in the Petition. Usually this will be for any back rent (money) and possession of the specific premises. The defendant has seven (7) days after judgment is entered to file an appeal. KSA 61-3902. In order to stay the proceedings, a supersedeas bond must be posted with the appeal. KSA 61-3905.
4. Writ of Restitution – This is an official court document that directs and orders the Sheriff’s Office to immediately remove the occupants of the specific premises, inventory the property located therein and turn possession of the property to the Plaintiff*. Entry may be by whatever means necessary to affect the court order including the use of a locksmith. Cost for entry will be paid by the plaintiff. All property on the premises will be inventory by court order. The Sheriff’s Office will also video tape the property.
Note: Johnson County District Court does not use the state form. This form is unique to Johnson County. Copies of this form can be obtained from the courts.jocogov.org website
a. The Sheriff’s Office has fourteen (14) calendar days from the date the Writ of Restitution is received to complete the eviction.
b. Prior to the Sheriff executing the Writ of Restitution a notice is generally delivered to the defendant or posted to the premises stating that the Sheriff’s Office has a court order to evict the defendant. The notice states a specific date that the Sheriff’s Office will affect the Court Order. This is a courtesy only as a notice is not required by law. This notice is given to allow the defendant one last chance to move on their own.
c. The Eviction or Writ of Restitution can only be canceled by the Courts, the plaintiff or the plaintiff’s attorney. The defendant cannot cancel the action.
* The Plaintiff/landlord is responsible to move and store the tenant’s property. The landlord should check with their attorney for the length of time they are required to store the property.
Eviction Laws are in Kansas Statues Annotated Chapter 61 Article 38.
Landlord and Tenant Laws are in Kansas Statues Annotated Chapter 58 Article 25.
Disclaimer: Eviction Laws in Kansas may change and there may be times when information on this web site may not be current. This information is provided for general informational purposes only and is not intended as legal advice. This website is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.