Kan. Stat. Ann. § 58-5401
2026 session law — the Revisor of Statutes has not yet published this section. Source: Session Laws of Kansas 2026, ch. 56 (Secretary of State). K.S.A. number per the Revisor's 2026 composite list of Aug. 13, 2026. Effective 7/1/2026. Bill heading as found: "House Bill No. 2378*" (asterisk meaning not determined).
Operative Text
(a) Sections 1 through 7, and amendments thereto, shall be known as the removal of squatters act. (b) As used in this act: (1) “Dwelling unit” means the same as defined in K.S.A. 58-2543, and amendments thereto, except that “dwelling unit” includes commercial property and mobile homes. (2) “Immediate family member” means spouse, child, grandchild of any degree, parent, mother-in-law, father-in-law, grandparent of any degree, brother, brother-in-law, sister, sister-in-law, half-brother, half-sister, uncle, aunt, nephew or niece, whether biological, step or adoptive. (3) “Law enforcement agency” and “law enforcement officer” mean the same as defined in K.S.A. 22-4606, and amendments thereto. (4) “Squatter” means a person occupying a dwelling who is not entitled to occupy the dwelling under a lease or rental agreement nor authorized by a tenant to occupy the dwelling. “Squatter” does not include a tenant who holds over in periodic tenancy. (5) “Tenant” means the same as defined in K.S.A. 58-2543, and amendments thereto. (c) Occupancy by a squatter is excluded from the residential landlord tenant act and the removal of a squatter shall not require the use of an eviction action under such act.
Kan. Stat. Ann. § 58-5401 establishes the foundational definitions and scope of Kansas's 'removal of squatters act,' effective July 1, 2026. The law defines a 'squatter' as someone occupying a dwelling unit without a lease, rental agreement, or authorization from a tenant — explicitly excluding holdover tenants in periodic tenancy. Critically, the provision declares that squatter occupancy falls outside the Kansas Residential Landlord Tenant Act, meaning the formal eviction process under that act is not required to remove a squatter.
Plain English — not legal advice.
Under Kan. Stat. Ann. § 58-5401, property owners and managers operating in Kansas should understand that the act covers a broad range of property types, including residential units, commercial property, and mobile homes. A compliant operator generally distinguishes between a holdover tenant — who retains periodic tenancy protections and must still be removed through standard eviction procedures — and a squatter, who has no lease or authorization and falls under this separate statutory framework. Operators typically document the absence of any lease or tenant-authorized occupancy before invoking the squatter removal process rather than the eviction process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Kan. Stat. Ann. § 58-5401 is important for tenants to understand because it explicitly carves out holdover tenants in periodic tenancy from the definition of 'squatter,' meaning those individuals retain their rights under the Kansas Residential Landlord Tenant Act. Tenants who believe they are being misclassified as squatters when they actually hold a lease, rental agreement, or periodic tenancy have grounds to raise that classification as a defense. Tenant-rights organizations in Kansas can help individuals understand whether their occupancy status qualifies for the full protections of the Residential Landlord Tenant Act under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 27, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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