A commercial eviction is the removal of a business or individual from office, industrial or retail space.
Frequently Asked Questions
In Kansas, a landlord must provide all tenants with three-days notice prior to an eviction for non-payment of rent. Other than that, the only requirements for notice prior to filing an eviction will be what is required in the lease. Therefore, it is important to review the terms of the lease prior to filing an eviction action.
There are no specific forms that are required to be used for a pre-eviction notice; however, it is important that you include the right information in your eviction notices. We do provide forms for eviction notices, which are available for purchase at this link: Lease Notices Archives – Rick Davis Real Estate.
The eviction process begins by filing a petition or document with the court requesting the tenant be removed. The court will then issue a summons or the document telling the tenant that he or she is required to appear in court. This summons will list the date and time of the answer hearing or first appearance before the court.
Clients usually do not appear at answer hearings as they are very uneventful. The court will say the name of the tenant and ask them to admit or deny the allegations in the petition. If the tenant admits the allegations (or does not show up), the landlord wins. The tenant denies the allegations, the matter is set for a trial. The court does not take any evidence or review any documents during the answer hearing.
If the matter is set for a trial, you will be required to appear to testify about the grounds for the eviction (e.g., what rent is unpaid). Many times the tenant does not show up for the trial. If they do, the trial is usually only a few minutes.
Once judgment is entered the court will enter a writ of restitution. This is the document that authorizes the sheriff to remove the tenant. Once received, the sheriff has two weeks to remove the tenant. How it usually works is that the sheriff will select a lock out date and will let you know. The deputy will then post a notice the day before on the door letting the tenant know when he or she needs to be out of the property. The sheriff then shows up at the designated time and if the tenant is not gone, the sheriff will remove him or her. You can change the locks to the property at this time. If there is furniture or other personal property located in the property, you must store it for 30 days. To get it back, the tenant must pay the entire amount due, plus reasonable storage fees.
*There are no additional fees for counterclaims or trials before the Chapter 61 (Kansas) or Associate Circuit (Missouri) Courts. Additional fees will apply if the matter is escalated to a higher court, which changes the nature of the proceedings.