Kan. Stat. Ann. § 58-5403
2026 session law — the Revisor of Statutes has not yet published this section. Source: Session Laws of Kansas 2026, ch. 56 (Secretary of State). K.S.A. number per the Revisor's 2026 composite list of Aug. 13, 2026. Effective 7/1/2026. Bill heading as found: "House Bill No. 2378*" (asterisk meaning not determined).
Operative Text
(a) The owner of a dwelling unit or the agent of the owner of a dwelling unit may request the removal of an unauthorized person from the dwelling unit by submitting a notarized affidavit to a law enforcement agency in the county where the dwelling unit is located containing the following elements: (1) The affiant is the owner of the dwelling unit or the agent of the owner of the dwelling unit; (2) a person has entered and is remaining unlawfully in the dwelling unit; (3) the person was not authorized to enter the dwelling unit; (4) the person is not a tenant or a holdover tenant; (5) the affiant has requested the unauthorized person to vacate the dwelling unit and the person has not done so; and (6) the unauthorized person is not an immediate family member of the property owner. (b) An affiant who knowingly provides a false affidavit to a law enforcement agency under this section may be charged with a class A nonperson misdemeanor.
Kansas Statutes §§ 58-5401–58-5403, effective July 1, 2026, establish a process by which a property owner or their agent can request law enforcement assistance in removing someone who is unlawfully present in a dwelling unit — without going through a formal eviction proceeding. The process requires a notarized affidavit attesting to specific facts, including that the person is not a tenant, holdover tenant, or immediate family member of the owner, and that the owner has already asked the person to leave. Importantly, anyone who knowingly submits a false affidavit under this section can face a class A nonperson misdemeanor charge.
Plain English — not legal advice.
Under §§ 58-5401–58-5403, compliant property owners and their agents who seek to use this removal process submit a notarized affidavit to the law enforcement agency in the county where the dwelling unit is located, ensuring every required element is truthfully and accurately stated. Operators generally take care to confirm that the person in question is not a tenant, holdover tenant, or immediate family member before pursuing this route, since those categories fall outside the statute's scope. Because knowingly filing a false affidavit can result in a class A nonperson misdemeanor, property managers typically verify all factual claims before signing and submitting the document.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you are a tenant or holdover tenant in Kansas, §§ 58-5401–58-5403 explicitly exclude you from the category of persons who can be removed through this affidavit-based process — the statute applies only to individuals who are not tenants and were never authorized to be in the unit. If you believe an owner or agent has submitted a false affidavit mischaracterizing your status in order to have you removed, that conduct may constitute a class A nonperson misdemeanor under this same provision. Tenants who believe their rights are being violated through misuse of this process may consider contacting a local tenant-rights organization, a legal aid office, or consulting with an attorney familiar with Kansas landlord-tenant law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 27, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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