Kansas Mobile Home Park Eviction Process: A Step-by-Step Guide

Nonpayment of rent: the 3-day notice

Lot tenancies in a Kansas manufactured/mobile home park are governed by their own statute — the Mobile Home Parks Residential Landlord and Tenant Act, K.S.A. 58-25,100 and following. That Act, not the general apartment landlord-tenant law, controls what you can do when a lot renter falls behind, so read your notices against these sections.

Under K.S.A. 58-25,120(b), when rent is unpaid you must serve written notice that states both the nonpayment AND your intention to terminate, and give the resident three days to pay. If the rent is not paid within that three-day window, you may terminate the agreement and file for possession. A bare you-owe-rent reminder does not satisfy the statute — the intent-to-terminate language has to be in the notice.

Watch the counting. The mobile home park statute itself does not spell out how the three days run, but the parallel general residential statute, K.S.A. 58-2564(b), computes a three-day notice as three consecutive 24-hour periods and allows two extra days when the notice is mailed. Count generously and give the mailed-notice cushion — it costs you nothing and protects the judgment from a technical challenge.

Other lease violations: 14-day cure, 30-day termination

For breaches other than nonpayment — rule violations, unauthorized occupants or pets, and conditions materially affecting health and safety — K.S.A. 58-25,120(a) requires a written notice that specifies the acts and omissions constituting the breach and states that the 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.

In plain terms: give the resident at least 14 days to fix the problem and set the termination date at least 30 days out. If they cure within the 14 days, the tenancy continues. Health-and-safety expectations tie back to the tenant duties listed in K.S.A. 58-25,113.

There is a narrow repeat-offense exception: if the same or a substantially similar breach recurs after the 14-day cure period has run, you may serve a notice terminating the tenancy without offering another chance to cure. Keep a clean copy of the first notice and proof of service so you can rely on it the second time.

Filing the eviction in Kansas

Kansas has no lawful self-help eviction. Once your statutory notice period has expired and the resident has neither cured nor moved, you file an action for possession. K.S.A. 58-25,102 gives the district court jurisdiction and directs that these cases may be commenced pursuant to the code of civil procedure for limited actions — Chapter 61.

Chapter 61 adds its own pre-suit step: K.S.A. 61-3803 requires a three-day notice to leave before you file the forcible-detainer petition. Many operators serve that notice so it runs concurrently with the statutory termination notice, but confirm the wording with counsel so the two notices do not contradict each other.

After you file, the clerk issues a summons setting a hearing no fewer than 3 and no more than 14 days out (K.S.A. 61-3805). Proper service by a sheriff or process server is mandatory — without it the case cannot proceed. If you prevail, the court issues a writ of restitution, which under K.S.A. 61-3808 shall be executed within 14 days after the person named in the writ receives it. The sheriff then schedules the physical removal.

Park protections and the resident-owned home

Because lot renters usually own their homes, the Act layers in protections that ordinary apartment leases do not have. K.S.A. 58-25,123(a) states flatly that the landlord may terminate a tenancy only as provided in this act — you need a statutory ground, and there is no free-form no-reason eviction in the middle of a term.

To end a month-to-month lot tenancy without cause, K.S.A. 58-25,105 requires at least 60 days' written notice given by either party — double the 30 days that applies to ordinary residential tenants. Rent increases follow the same rule: K.S.A. 58-25,109 requires written notice of any increase at least 60 days before the effective date. Short notice on either point is a common, entirely avoidable way to lose.

Kansas law does not give an evicted resident a dedicated window to move the home off the lot. Practically, their time is bound by the eviction timeline — the writ must be executed within 14 days (K.S.A. 61-3808) and the sheriff usually allows only a few days to vacate. Since relocating a home needs permits, movers, and a receiving park, that is almost never enough. Plan for the home to remain on the lot, and work out title, storage, unpaid lot rent, and any abandonment process (K.S.A. 58-25,121) with counsel before the sheriff's date. Note too that a willful, bad-faith holdover exposes the tenant to up to 1½ months' rent or 1½ actual damages under K.S.A. 58-25,123(b).

Typical timeline in Kansas

• Rent missed, notice served
  When rent is unpaid, serve written notice of nonpayment and intent to terminate (K.S.A. 58-25,120(b)).
• 3-day pay-or-quit
  The resident has 3 days after that written notice to pay before you can terminate for nonpayment (K.S.A. 58-25,120(b)).
• 14-day cure / 30-day termination (other breaches)
  For non-rent violations, allow at least 14 days to cure and set termination no sooner than 30 days after the notice is received (K.S.A. 58-25,120(a)).
• 60-day notice (no-cause / rent increase)
  At least 60 days' written notice to end a month-to-month lot tenancy (K.S.A. 58-25,105) and the same 60 days before any rent increase (K.S.A. 58-25,109).
• Pre-suit 3-day notice to leave
  A separate 3-day notice to leave is required before filing the forcible-detainer petition (K.S.A. 61-3803).
• File and hearing
  File the action for possession under Chapter 61; the summons sets a hearing 3 to 14 days out (K.S.A. 58-25,102; 61-3805).
• Writ of restitution
  After judgment for the landlord, the writ issues and must be executed within 14 days; the sheriff schedules removal (K.S.A. 61-3808).
• The home stays on the lot
  No statutory window exists to relocate a resident-owned home in that timeframe — resolve title, back lot rent, and abandonment separately (K.S.A. 58-25,121).

Operator best practices in Kansas

• Serve notices in writing, exactly as the statute reads
  State the breach, the cure period, and your intent to terminate; a vague demand letter will not satisfy K.S.A. 58-25,120.
• Treat the day-counts as floors, not ceilings
  Count the 3-day and 14/30-day periods generously and add days for mailed notice (per 58-2564(b)) to insulate the judgment from a technical defense.
• Honor the 60-day rules religiously
  Give a full 60 days for no-cause month-to-month terminations (58-25,105) and for any rent increase (58-25,109) — short notice is a frequent, avoidable loss.
• Never use self-help
  No lockouts, no utility shutoffs, no towing the home. Only a sheriff acting on a writ of restitution may remove a resident.
• Plan for the resident-owned home in advance
  Because the home usually cannot be moved within the eviction window, decide ahead of time how you'll handle title, storage, unpaid lot rent, and abandonment under 58-25,121.
• Offer cash-for-keys where the numbers work
  A negotiated move-out or home buyout is standard market practice and is often faster and cheaper than a contested eviction plus a stranded home.
• Keep meticulous records
  Dated notices, proof of service, rent ledgers, and photos win limited-actions hearings and defeat improper-notice and retaliation defenses.
• Build a relationship with a Kansas MHP attorney
  The Mobile Home Parks Act (58-25,100 et seq.) differs from ordinary residential law and interlocks with Chapter 61 evictions; have a Kansas lawyer review your notices and forms before you rely on them.