What would the first step of eviction be?

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What would the first step of eviction be?

My uncle currently owns a house and agreed that a family could live there as long as they paid the bills. They were doing well and my uncle trusted them. Now that its been almost a year they’ve been there but for the past 6 months they haven’t paid for anything. My uncle is very upset and is not sure what are the steps he should take in order for them to leave the place?

Asked on January 22, 2012 under Real Estate Law, Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you uncle wants to end the lease that he has with a particular family to reside in a home that he owns due to the family breaching the rental agreement by not making the payments on the bills as you have written, your uncle needs to serve the family with a 30 day notice of termination of their lease.

If the family does not vacate within the 30 day time period, your uncle's recourse is to file an eviction against them in the county court house called an unlawful detainer action and have the summons and complaint served upon the adult tenants.

For the 30 day notice to terminate the lease and the  possible unlawful detainer action, your uncle should consult with a landlord tenant attorney.


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