Tenants and landlords alike want to avoid terminating the lease contract if they can. Then again, we’re not living in a perfect world.
Evictions are stressful to both parties. Being familiar with Kansas laws on such matters will help you navigate the attendant complications that go with them.
Here are specific laws to pay attention to when facing the possibility of eviction or lease termination:
- The landlord is required to issue a formal eviction notice of up to 3 days, along with the required formal documentation stating the reason for the eviction.
- If the reason for the eviction is non-payment, a written eviction notice of up to 10-14 days must be issued to the tenant.
- The reason for the eviction must be valid.
- If a forced eviction is required, the landlord must first issue a written warning and must escalate the issue to the court if needed. Before forced eviction can occur, a judgment must be carried out against the tenant first.
- Forced evictions can only be carried out by police officers.
- Landlords won’t throw out the tenant’s personal belongings or cut off utilities. They also cannot lock them out during a forced eviction.
- While a tenant and a landlord can work out their issues on private, you can still lose their security deposit return once the termination is final.
How to kick someone out who is not on the lease
The space you’re renting is fine. Unfortunately, no room can be pleasant if the person you’re sharing it with is driving you batty. By this point, you’re probably wondering if there’s something you can do to kick that person out of the house. What are the legal grounds for evicting a bad roommate out of the house? Should you talk to the landlord about it? What are the steps you need to take to evict a roommate?
Whether it’s possible to have a bad roommate be evicted from the house depends on the circumstances of the lease.
Let’s go over each circumstance one by one.
Suppose you and the bad roommate are both on the lease. In that case, you can only move forward if you and the other person aren’t under joint and several liabilities. If you are, chances are you’ll be evicted with him or her. Worse, your prospects for future rentals will be severely compromised. Suppose the landlord also shares your wish to kick out the roommate. In that case, you need to co-sign an agreement with him or her. It disclaims joint and several liabilities.
If the bad roommate is not on the lease, you’re considered a master tenant. As such, you hold the right to evict the errant roommate as long as there’s a cause. You must provide proper documentation explaining how your roommate is negatively impacting your living conditions in the home.
Suppose your roommate is the master tenant, and you’re subletting from him or her. In that case, the only option you have is to provide the landlord documentation explaining the just cause for eviction.
Here are the common grounds for a just cause for eviction:
- Rent is not being paid
- Involvement in criminal activity
- Property damage
- Compromising the well-being of other people living there
It bears noting that in the eviction process, the burden of proof is on the person who asked for the eviction (you). Also, including photos showing proof that the roommate is doing something compromising the safety of other tenants will help.
Suppose you and the other roommate haven’t signed a written lease agreement. You must request the landlord and make your case in your capacity as the master tenant if you’re paying the rent yourself.
