An eviction action is a request file with the court to have a person removed from a residential property. This would include apartment buildings, single family homes, duplexes, triplexes, etc.
Frequently Asked Questions
The type of notices required will vary depending on the state where the property is located and the reason for the eviction.
In Kansas, if you are evicting a tenant for non-payment of rent, the tenant must be provided a three-day notice prior to the filing of an eviction action. The three days must be a full 72 hour period, unless the notice is mailed in which case the notice must be posted for 120 hours prior to filing the eviction. The notice can be posted on the door, hand delivered, or mailed to the tenant.
If the eviction is for a violation of the lease (other than non-payment of rent), the notice must be a 14/30 day notice. This is a notice that states if the issue is not cured within 14 days, the lease will be terminated 30 days from the date of the notice. The eviction can then be filed on the 31st day from the date it is was delivered (or the 33rd day if sent via mail). If the tenant corrects the lease violation the tenant is allowed to say in the property, unless it the second time the tenant has been notified of the same lease violation.
If the tenant is on a month-to-month lease, the notice must be delivered 30 days prior to any action to remove the tenant from the property.
In Missouri it is not required that you serve a three-day or other notice on a tenant for non-payment of rent. The law does require a demand for payment, but it considers the filing of the eviction (or rent and possession action) to be the demand. The major difference between Kansas and Missouri though (and likely the reason why pre-suit notice is not required) is that in Missouri a tenant may pay the amount of rent that is owed up to the time judgment is entered and will be allowed to stay in the home.
If you are terminating a lease for a breach other than non-payment, in Missouri, the required notice is ten days and if the lease violation is not corrected, you may proceed with the eviction.
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.
Maybe. Many investors will enter into contracts for deed with purchasers with the belief that the investor can simply evict the buyer (as opposed to a foreclosure). Unfortunately, it is usually not this simple. In Kansas, the courts have held that a person must go through the foreclosure process — instead of eviction — when the buyer/tenant has an equitable interest in the property. This interest arises when the buyer/tenant has made significant payments toward the ultimate purchase price. Therefore, despite what the contract says, a foreclosure may be required.
More importantly, many judges — including the judge that handles evictions in Johnson County, Kansas — believe that if there is any question if there is an equitable interest, the matter must be decided by the higher court, which takes the case off of the eviction timeline. Therefore, even if it is later determined there is no equitable interest, the eviction will take longer anyway as it has to go through a different court.
As such, this does not mean we can not remove a buyer/tenant under a contract for deed, but it does mean it will likely move slower and be more expensive. This is why we generally advise against contracts for deed, except in certain limited circumstances.
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.