Evictions
The Sheriff’s Office serves court orders for the removal of persons from a residence or other place so that the property may be restored to another.
These orders are called Writs of Restitution and they are usually issued as the last step in a legal action by a landlord to take possession of property such as an apartment, duplex, or house. The Writ of Restitution is the order from the District Court Judge ordering the Sheriff's Office to take the action described in the writ.
The eviction process normally begins when the landlord provides tenants with a letter called a “Notice To Vacate”. If the tenants do not comply with the landlord’s demands after three (3) days, legal action may be initiated by the landlord in District Court.
The Clerk of the District Court will issue a Summons and Petition that will require the tenants to appear in court on designated dates so that a judge may decide whether to order an eviction of the tenants.
In all cases, an attorney should be consulted for additional information.
For more information on the eviction process, contact the Clerk of the District Court at 913-715-3400.
Eviction Process
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 58-2564.
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.
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 seven (7) days after judgment is entered to file an appeal. KSA 61-3902. In order to stay the proceedings, a supersedeas bond must be posted with the appeal. KSA 61-3905.
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 and turn possession of the property over to the Plaintiff. Entry may be made by whatever means necessary to affect the court order including the use of a locksmith. Cost for entry will initially be paid by the plaintiff.
a. The Sheriff’s Office has fourteen (14) 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 generally delivered to the defendant or posted to the premises stating that the Sheriff’s Office has a court order to evict the defendant. This is a courtesy only; a notice is not required by law. This notice is given to allow the defendant a 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.
Property
The Plaintiff/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.
Disclaimer
Eviction Laws in Kansas may change and there may be times when information on this web site may not be current. This information is provided for general informational purposes only and is not intended as legal advice. This website is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.