I’m a Kansas landlord with a difficult tenant who won’t leave even after proper notice. What can I do?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Feb 13, 2020

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If you are a Kansas landlord and you have served your tenant with notice that the lease is terminating but the tenant still won’t leave, your next step is to file for eviction. You must go to the local district court where the property is located and file the local court’s form, available at the court. There will probably be a small fee for filing. The clerk will assign a date for your hearing and serve a summons on your tenant, usually about 10 days after you file.

On your hearing date, you and your tenant will both argue your sides and present any evidence to support your claims. Be sure to show up, or the tenant will win by default. The judge will rule for one of you. If you win but your tenant still does not leave, the court will give the sheriff a “writ of restitution and execution,” which gives the sheriff 10 days to move the tenant out of your property if the tenant does not do so him or herself. Remember, it is always unlawful for you to remove your tenant forcibly without an order and the presence of the sheriff.

Getting the help of an experienced Kansas evictions attorney can be instrumental to guiding you through the evictions process.

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