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-
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
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 MUST THEN STORE THE TENANTS ITEMS
In Kansas, you may not sell, give away, or throw out abandoned belongings until at least 30 days from the date you reclaim possession of your rental property. You must also provide two kinds of notice stating that you will be disposing of the abandoned property:
At least 15 days before disposing of the property, you must publish a notice in a local newspaper with general circulation.
Within seven days of the newspaper publication, you must send a copy of the published notice to the tenant at the tenant’s last known address.
Eviction Laws are in Kansas Statues Annotated Chapter 61 Article 38.
Landlord and Tenant Laws are in Kansas Statues Annotated Chapter 58 Article 25.