Kansas 3- or 5-Day Notice to Vacate for Non-Payment of Rent

Last Updated: March 12, 2023.

About this Form Set

This form set includes legally compliant 3- and 5-day notice form letters to pay rent or quit due to the tenant's non-payment of rent, along with a summary of the requirements concerning proper delivery of the notice. The document set has been professionally created to adhere to the specifications outlined in Kansas Statute Annotated 58-2564. This notice serves as the initial step in the eviction process. It demands that the tenant pay rent or vacate (quit) the premises within three (3) days or five (5) days of the notice, depending on the notice delivery method selected. The form letters are standard, editable Microsoft Word documents that can be easily customized to fit your particular needs and can be downloaded instantly after purchase.

Essential ElementsBefore a landlord can file for eviction, the landlord must provide the tenant with a notice to vacate that complies with Kansas law. This notice must be in writing and contain the following four (4) elements:

1. Specifics of Rent Owed. The notice must be in writing and include the specific amount of rent owed, the date that the rent was due, and the specific date by which the rent must be paid.
2. Breach of Lease. The notice must state that the tenant is in breach of the lease agreement.
3. 3- or 5-Day Notice Period. The notice must provide the tenant with a 3- or 5-day notice period, during which time the tenant may pay the rent due and avoid termination of the rental agreement.
4. Consequences of Non-Payment. The notice must inform the tenant that failure to pay the rent within the notice period will result in termination of the rental agreement and that the tenant will be required to vacate the premises immediately.

Serving the Notice

1. Delivery In Person or By Posting: The Notice to Vacate must be delivered in person to the tenant or any person residing at the premises who is 12 years or older. If the tenant is unavailable, the notice can be posted to a conspicuous place on the premises.
2. Delivery by Mail: The Notice to Vacate can also be sent via regular mail, registered mail, or certified mail with a return receipt requested to the premises in question. However, if the notice is delivered by mail, an additional two days from the date of mailing must be allowed for the tenant to pay the rent and avoid termination of the rental agreement.
3. Delivery Date: The Notice to Vacate is considered delivered on the date and time the notice is delivered in-person to the tenant or posted conspicuously on the premises, or, if sent by mail, on the date the notice is deposited in the U.S. mail.