61-3803.
Notice to leave premises.
Before a lawsuit to evict a person pursuant to K.S.A. 61-3801 through 61-3808, and amendments thereto, is filed, the party desiring to file such lawsuit shall deliver to the other party a notice to leave the premises for which possession is sought. The notice shall be delivered at least three days before commencing the lawsuit, by leaving a written copy with the other party or by leaving a copy thereof with any person over the age of 12 years residing on the premises described in such notice, or if no such person is found upon the premises, by posting a copy of such notice in a conspicuous place thereon, or by mailing a copy of the notice to the other party at the address of the premises described in the notice. The three day notice period provided for in this section shall be computed as three consecutive 24-hour periods to commence at the time the notice is delivered, posted or mailed. If the notice is mailed, an additional two days from the date of mailing shall be allowed for the person to leave the premises before the lawsuit is filed. Intermediate Saturdays, Sundays, legal holidays, and days on which the office of the clerk of the court is not accessible shall be included in the computation of the notice period. The notice may be combined with any notice provided for in K.S.A. 58-2540 et seq., and amendments thereto.
History:
L. 2000, ch. 161, § 80; L. 2002, ch. 157, § 16; L. 2010, ch. 11, § 18; April 1.
Notes of Decisions
Cited in
6
cases (
5 in the last 5 years), 2020–2025 · leading case:
Wichita Hoops, LLC, No. 23-10255 (Bankr. D. Kan. July 24, 2023).
Wichita Hoops, LLC, No. 23-10255 (Bankr. D. Kan. July 24, 2023).
· cites it 4× “K.S.A. 61-3803 (2021 Supp.) requires delivery of a “notice to leave the premises for which possession is sought” prior to filing a lawsuit for eviction.”
David Brian Miller, No. 23-20725 (Bankr. D. Kan. Nov. 15, 2023).
· cites it 4× “Like the April 4, 2023, demand letter, the petition recites the Contract terms, quotes the default paragraph, and demands Debtor vacate the Residence because payments have not been made under the Contract in many years.”
Washburn South Apts. v. Hession, 570 P.3d 1268 (Kan. Ct. App. 2025).
“S.A. 61-3803 (landlord may file an eviction action after providing 72 hours' notice that the tenant must leave the premises).”
Edwards v. Klinedinst, No. 2:23-cv-02148 (D. Kan. July 22, 2024).
· cites it 2× “§§ 61-3803–61-3806 is further evidence that it was an eviction proceeding under Article 38.”
617 West LLC v. Crothers, 469 P.3d 107 (Kan. Ct. App. 2020).
“The statute she cites—K.S.A. 2019 Supp. 61-3803—does not require two notices for eviction.”
Terrabella Studios, LLC, No. 24-40268 (Bankr. D. Kan. May 5, 2025).
“S.A. 61-3803 (addressing notice of termination of lease for failure to pay rent, and notice to leave premises, respectively).”
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