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I have allowed someone to live in the home i lease with me…

I have allowed someone to...
I have allowed someone to live in the home i lease with me since I moved to Wichita in June 2011. We have lived in the current home since February 2013. we were separated for a couple months in 2013. The relationship is very emotionally damaging and has been physical in the past. The house is leased to me, with the individual listed as residing there. How do I evct them? I reviewed some paperwork..but it only listed past due rent as a reason for the eviction. When I fill it out do I fill it in as I am the Landlord...or are their special forms for an eviction under these circumstances?
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Answered in 13 minutes by:
3/13/2014
lawpro
lawpro, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 24,870
Experience: Over 20 years experience handling landlord tenant problems for commercial and residential.
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Hi! My name is XXXXX XXXXX I'll be the attorney assisting you.

Unless a tenant has not paid the rent a landlord (and you would be a landlord in this situation) must ALWAYS give tenants at least thirty (30) days’ written notice to move out.


In Kansas, a landlord is not required to give a reason for an eviction.

If the tenant doesn't leave by the end of the 30 day noticeyou aren’t out at the end of a notice the you go to the local court and file a Forceable Detainer action against the tenant.

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) agains
t 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 XXXXX 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 five (5) days after judgment is entered to file an appeal. KSA 61-
3902. A supersedeas bond must be posted with the appeal. KSA 61-3906. If after
the expiration of the five days and no appeal and supersedeas bond have been
filed a Writ of Restitution may be issued by the court.


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,
inventory the property located therein and turn possession of the property to the
Plaintiff*. Entry may be by whatever means necessary to affect the court order
including the use of a locksmith. Cost for entry will be paid by the plaintiff. All
property on the premises will be inventory by court order. The Sheriff’s Office will also
video tape the property. When filing the Writ of Restitution a Journal Entry must also
be filed. The Journal Entry is a summary of the judgment entered at the trial (court
hearing). KSA 61-3808 Note: Johnson County District Court does not use the state
form.

a. The Sheriff’s Office has ten (10) 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 delivered to the
defendant or posted to the premises stating that the Sheriff’s Office has a court
order to evict the defendant. The notice states a specific date that the Sheriff’s
Office will affect the Court Order. This is a courtesy only as a notice is not
required by law. This notice is given to allow the defendant one last 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.

* The 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.



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If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).
Ask Your Own Landlord-Tenant Question
Customer reply replied 3 years ago

how do i obtain the correct forms to begin this process?


 


 

You can get them at the local District Court - they have them available for your use. Then you would just fill them out with a pen.


Kindly do not forget to positively rate my answers so I can be credited for assisting you.

Thank you!


If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).
lawpro
lawpro, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 24,870
Experience: Over 20 years experience handling landlord tenant problems for commercial and residential.
Verified
lawpro and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 3 years ago

 


this is for Law Pro...how do I obtain the forms I need to begin this process?


 

Ask lawpro Your Own Question
lawpro
lawpro
lawpro, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 24,870
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Experience: Over 20 years experience handling landlord tenant problems for commercial and residential.

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