How to Evict a Roommate In Kansas the Legal Way

Landlord Protection How to Evict a Roommate In Kansas the Legal Way

Evict a Roommate In Kansas the Legal Way

Having a roommate can be great. A roommate can ease your financial burden, and be a friend at times. But when roommates need to go, things can get complicated. 

Evicting a roommate is no easy feat. It isn't possible to evict a roommate in some situations. Even when it is possible, it means doing everything by the letter of the law. Evicting a  takes a lot of time-intensive research. Luckily, DoNotPay can help.

What Types of Roommates Can Be Evicted?

Not all . If you are in one of the following situations, your roommate cannot be evicted:

  1. Your roommate owns the home. If you live with a homeowner, you can't evict them from their property. Your best bet is to seek alternative living arrangements
  2. If you are renting and you and your roommate are both on the lease. Both names on the lease mean that both parties have a right to the rental unit. You won't be able to evict your roommate, only your landlord can do that
  3. If your name is not on the lease. Just like in the above example, if your roommate is the only one on the lease, you can't evict them. Go to the landlord with your issues. They may be able to evict your roommate and sign a lease with you

The only way you can evict a roommate in Kansas is if you are on the lease and your roommate is not. This puts you in the sub-lessor position, acting as a sub-landlord to your roommate.

How Long is the Kansas Notice Period?

If you want to evict a roommate in Kansas, you'll need to give the notice to vacate first. According to Legal Beagle, the notice period depends on why you are evicting your roommate.

  • Thirty (30) days for month-to-month leases. If you are in a month-to-month arrangement with your roommate, give them 30 days to vacate. There doesn't have to be a reason
  • Three (3) days for non-payment of rent. If your roommate owes you money, give them notice to pay up or vacate in 3 days
  • Ten (10) days for lease violations. If you have a lease with your roommate, check it over. If there are any violations, give your roommate 10 days to leave

The written notice to vacate needs to be carefully crafted. If you make a mistake, like giving the wrong notice period, you'll have to start all over from the beginning. 

Evicting a Roommate in Kansas On Your Own 

If you want to go about writing your notice on your own, here are a few tips.

Consider 'cash for keys'Getting a roommate out can be tough. Consider offering them cash to leave if they are causing many problems.
Document everythingWhen you deliver the notice letter, make sure it is documented. You can send an email confirming receipt or have your roommate sign a copy of the notice. Just make sure there's documentation that the notice was delivered, and when it was delivered. 
Prepare for a fightYour roommate may not want to leave after they get the notice. If that's the case, you'll need to prepare to fight them in court. Here are the next steps if your notice is ignored: 

  • File a forcible detainer with the court
  • Serve your roommate
  • Go to trial
  • Get a writ of restitution if your roommate still won't leave

Evicting A Roommate in Kansas with DoNotPay

DoNotPay is here to guide you through it and file your disputes on your behalf. Our Landlord Protection product can help you:

  • Get back your security deposits
  • Learn about your state's eviction laws and what protections apply in your case
  • Resolve disputes regarding repairs with your landlord
  • Resolve disputes with roommates by filing demand letters or going through small claims court
  • Break your lease early

How to evict a roommate in Kansas using DoNotPay:

If you want to break a lease in [state] but don't know where to start, DoNotPay has you covered in 4 easy steps:

  1. Search for and open the Landlord Protection product on DoNotPay.

     

  2. Select which issue applies to you.

     

  3. Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.

     

  4. Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.

And that's it! You should hear back from your landlord directly once your demands are sent.

Evicting a roommate in Kansas is complicated, both legally and emotionally. It won't be easy to separate yourself from someone you live with, and getting them out means doing everything by the letter of the law. DoNotPay can make sure you get everything right. 

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