Kan. Stat. Ann. § 61-3808
Writ of restitution.
Operative Text
(a) If judgment is entered against the defendant for possession of the subject premises, the court shall issue, at the request of the plaintiff, a writ of restitution which shall direct anyone who is authorized to serve process and who is named in the writ to place the plaintiff in possession of the premises described in the writ. (b) The writ of restitution shall be executed within 14 days after the person named in the writ receives it, and that person shall file a return as with other writs under the code of civil procedure for limited actions. The person serving the writ may use such reasonable force as is necessary to execute the writ. (c) If the person named in the writ receives a notice from the court that the proceedings have been stayed by appeal, that person shall immediately delay all further proceedings upon the execution. If the premises have been restored to the plaintiff, the person named in the writ shall immediately place the defendant in the possession thereof.
Under Kan. Stat. Ann. §§ 61-3801 through 61-3808, when a court enters a judgment for possession in favor of a plaintiff, the court may issue a writ of restitution directing an authorized process server to restore the plaintiff to possession of the property. The writ must be carried out within 14 days of receipt, and the person executing it may use reasonable force as necessary. If an appeal stays the proceedings, execution of the writ must pause immediately, and if the property has already been returned to the plaintiff, the defendant must be restored to possession.
Plain English — not legal advice.
Under Kan. Stat. Ann. §§ 61-3801 through 61-3808, a landlord who has obtained a judgment for possession may request the court to issue a writ of restitution to regain the property. Compliant operators typically work with the court and an authorized process server to ensure the writ is executed within the statutory 14-day window. Landlords should also be aware that if the tenant files an appeal and the court issues a stay, any ongoing execution of the writ must halt, and possession may need to be returned to the tenant.
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 61-3808 provides tenants with an important protection: if a court judgment for possession is appealed and a stay is granted, the writ of restitution must stop immediately, and any possession already transferred back to the landlord must be restored to the tenant. Tenants who believe they have grounds to challenge a possession judgment may explore filing an appeal, which can trigger this stay mechanism. Tenant-rights organizations and legal aid services can help explain the process for seeking a stay and what documentation may be relevant.
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.
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