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 EVICTION PROCESS

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 five (5) days after judgment is entered to file an appeal. KSA 61-
3902. A supersedeas bond must be posted with the appeal. KSA 61-3906. If after
the expiration of the five days and no appeal and supersedeas bond have been
filed a Writ of Restitution may be issued by the court.

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. When filing the Writ of Restitution a Journal Entry must also
be filed. The Journal Entry is a summary of the judgment entered at the trial (court
hearing). KSA 61-3808 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 Johnson County Sheriff’s Office Civil Division located at 588 E Santa Fe Suite 2000 in Olathe, KS

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 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 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 60 Article 38.

Landlord and Tenant Laws are in Kansas Statues Annotated Chapter 58 Article 25.
08/27/2004

 

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.

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Last updated: 2/5/2014 2:47:45 PM