Kan. Stat. Ann. § 61-3803
Notice to leave premises.
Operative Text
Before a lawsuit to evict a person pursuant to K.S.A. 61-3801 through 61-3808, and amendments thereto, is filed, the party desiring to file such lawsuit shall deliver to the other party a notice to leave the premises for which possession is sought. The notice shall be delivered at least three days before commencing the lawsuit, by leaving a written copy with the other party or by leaving a copy thereof with any person over the age of 12 years residing on the premises described in such notice, or if no such person is found upon the premises, by posting a copy of such notice in a conspicuous place thereon, or by mailing a copy of the notice to the other party at the address of the premises described in the notice. The three day notice period provided for in this section shall be computed as three consecutive 24-hour periods to commence at the time the notice is delivered, posted or mailed. If the notice is mailed, an additional two days from the date of mailing shall be allowed for the person to leave the premises before the lawsuit is filed. Intermediate Saturdays, Sundays, legal holidays, and days on which the office of the clerk of the court is not accessible shall be included in the computation of the notice period. The notice may be combined with any notice provided for in K.S.A. 58-2540 et seq., and amendments thereto.
Under Kan. Stat. Ann. §§ 61-3801 through 61-3803, before an eviction lawsuit can be filed in Kansas, the party seeking possession must first deliver a written notice to leave the premises to the occupying party. This notice must be given at least three days before the lawsuit is filed, with each day counted as a full consecutive 24-hour period starting from the moment of delivery, posting, or mailing. If the notice is sent by mail, an additional two days are added to the waiting period before a lawsuit may commence, and weekends, legal holidays, and court-closure days are counted within that period.
Plain English — not legal advice.
Property owners and managers operating under Kan. Stat. Ann. §§ 61-3801 through 61-3803 generally ensure that a written notice to leave is properly delivered before initiating any eviction proceeding. Compliant operators typically document the method of delivery—whether personal hand-off to a resident over age 12, conspicuous posting on the premises, or mailing—and record the exact date and time to establish when the notice period begins. When mailing is used, operators account for the additional two-day allowance before filing, and they include all calendar days, including weekends and holidays, in their timing calculations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Kan. Stat. Ann. §§ 61-3801 through 61-3803 establish that a tenant must receive a proper written notice to leave before any eviction lawsuit can legally be filed against them in Kansas. If a tenant believes the required notice was not delivered correctly—or that the mandatory waiting period was not observed—this procedural deficiency may be raised as a defense in the eviction proceeding. Tenants who have questions about whether a notice they received meets the legal requirements may benefit from contacting a local tenant-rights organization or legal aid office for general information.
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 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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Rules and statutes cited by this regulation
References In
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