What are my options once given a three day notice?
Full Question:
I am a renter in Kansas. I have been served with a "three day notice to quit and terminate tenancy" It gives me 3 days to pay the rent and the late fee. I will not have the money to pay the rent until the 15th of this month. My landlord will not work with me on this. Can you tell me the procedure from here on out? When can they actually come in and take possession of the apartment?
12/07/2007 |
Category: Landlord Tenant |
State: Kansas |
#13529
Answer:
The following are Kansas statutes:
58-2561. Action for possession for nonpayment of rent; counterclaim,
waiver; accrued rent, payment into court; disposition; when judgment for
tenant.
(a) In an action for possession based upon nonpayment of the rent, or in
an action for rent where the tenant is in possession, the tenant shall
counterclaim for any amount which such tenant may recover under the rental
agreement or this act or such counterclaim shall be deemed to have been
waived. In that event, the court from time to time may order the tenant to
pay into court all or part of the rent accrued and thereafter accruing, and
shall determine the amount due to each party. The party to whom a net
amount is owed shall be paid first from the money paid into court, and the
balance shall be paid by the other party. If no rent remains due after
application of this section, judgment may be entered for the tenant in the
action for possession.
(b) In an action for rent where the tenant is not in possession, the
tenant may counterclaim as provided in subsection (a), but the tenant shall
not be required to pay any rent into court.
58-2564. Material noncompliance by tenant; notice; termination of rental
agreement; limitations; nonpayment of rent; remedies.
(a) Except as otherwise provided in the residential landlord and tenant
act, if there is a material noncompliance by the tenant with the rental
agreement or a noncompliance with K.S.A. 58-2555 and amendments thereto
materially affecting health and safety, the landlord may deliver a written
notice to the tenant specifying the acts and omissions constituting the
breach and that the rental agreement will terminate upon a date not less
than 30 days after receipt of the notice, if the breach is not remedied in
14 days. The rental agreement shall terminate as provided in the notice
regardless of the periodic rent-paying date, except that if the breach is
remediable by repairs or the payment of damages or otherwise, and the
tenant adequately initiates a good faith effort to remedy the breach prior
to the date specified in the notice, the rental agreement will not
terminate. However, in the event that such breach or a similar breach
occurs after the 14-day period provided in this subsection, the landlord
may deliver a written notice to the tenant that the rental agreement will
terminate upon a date not less than 30 days after receipt of the notice
without providing the opportunity to remedy the breach. The rental
agreement then shall terminate as provided in such notice regardless of the
periodic rent-paying date.
(b) The landlord may terminate the rental agreement if rent is unpaid
when due and the tenant fails to pay rent within three days, after written
notice by the landlord of nonpayment and such landlord's intention to
terminate the rental agreement if the rent is not paid within such
three-day period. The three-day notice period provided for in this
subsection shall be computed as three consecutive 24-hour periods. When
such notice is served on the tenant or to some person over 12 years of age
residing on the premises, or by posting a copy of the notice in a
conspicuous place thereon, the three-day period shall commence at the time
of delivery or posting. When such notice is delivered by mailing, an
additional two days from the date of mailing should be allowed for the
tenant to pay such tenant's rent and thereby avoid having the rental
agreement terminated.
(c) Except as otherwise provided in the residential landlord and tenant
act, the landlord may recover damages and obtain injunctive relief for any
noncompliance by the tenant with the rental agreement or K.S.A. 58-2555 and
amendments thereto.
(d) The provisions of this section shall not limit a landlord's or
tenant's right to terminate the rental agreement pursuant to K.S.A.
58-2570, and amendments thereto.
58-2568. Landlord's remedies upon termination of rental agreement.
Upon termination of the rental agreement, the landlord may have a claim
and file an action for possession or for rent or both. The landlord also
may have a separate claim for actual damages for breach of the rental
agreement and may file an action for such damages prior to the termination
date of the rental agreement.
58-2569. Landlord's recovery or possession of dwelling; limitations.
A landlord may not recover or take possession of the dwelling unit by
action or otherwise, including willful diminution of services to the tenant
by interrupting or causing the interruption of electric, gas, water or
other essential service to the tenant, except in case of abandonment,
surrender or as otherwise permitted in this act.