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I live in Kansas. I have a summons to court on Friday the…

I live in Kansas. I...
I live in Kansas. I have a summons to court on Friday the 29th. There is a 3 day notice to vacate here that I haven’t been served yet. I have sent a letter to the landlord describing their breach of contract because they have not repaired after months the dishwasher and the back door has no handle since November. If I’m served the 3 day notice on Monday will I be forced to leave before the court date on Friday?
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Answered in 6 minutes by:
3/26/2018
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,085
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

If I’m served the 3 day notice on Monday will I be forced to leave before the court date on Friday?

.

No, the 3 day is normally only for failing to pay rent and once that expires, the landlord still has to file their formal eviction in court and then get a judgment and a writ that the sheriff would execute to force you to vacate..

.

So you would go to court on Friday and detail all the issues that the landlord has failed to repair that make the property uninhabitable and give you legal grounds to withhold rent..

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 4 months ago
I don’t wish to stay but obviously want as much time as possible to move. The landlord is a large out of state company and is refusing me access to the multiple service orders for the same two issues over 4 months. Is there a discovery portion of the proceedings that will force them to provide them? I believe I have valid proof to show the court that the landlord is in breach of contract after multiple requests for repairs that have not been finished. It states it clearly in the lease that they are in breach of contract. It says on the county website in order to stay the proceedings a supersedeas bond must be posted with the appeal if the judgement is against me. What is this?
Customer reply replied 4 months ago
Is your name really Barrister? That would be amazing foresight. Like a child named Logger becoming a lumberjack.

Sorry for the delay, but when you opt me out of the question, I can't reply until it is unlocked by customer service.

.

Is there a discovery portion of the proceedings that will force them to provide them?

.

No, not unless you have counter sued and had the court clerks issue a subpoena for that information prior to the court date.

.

It says on the county website in order to stay the proceedings a supersedeas bond must be posted with the appeal if the judgement is against me. What is this?

.

That means that if you wanted to appeal any judgment against you, you have to pay a for a bond that will pay off any damages that you are ordered to pay the landlord if you lose.

.

And no, mom wasn't psychic... just a nickname..

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,085
Experience: Attorney over 17 years, landlord 26 years
Verified
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