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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 - Field
Operations Unit located in the Courthouse.
a. The Sheriff's Office has ten (10)
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 |
