Kan. Stat. Ann. § 58-5404
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) Upon receipt of the affidavit, the applicable law enforcement agency shall verify that the affiant is the record owner of the dwelling unit or the authorized agent of the owner of the dwelling unit and appears otherwise entitled to relief. Upon verification and after at least 24 hours from receipt of the affidavit, a law enforcement officer shall serve a notice on the unauthorized person to vacate immediately the dwelling unit. (b) Service may be accomplished by hand delivery of the notice to any unauthorized person occupying the dwelling or by posting notice on the front door or entrance of the dwelling unit. The law enforcement agency shall also attempt to verify the identities of all persons occupying the dwelling and note the identities on the return of service. (c) The law enforcement officer may charge a fee of not more than $50 to process an affidavit filed pursuant to this act.
Under Kan. Stat. Ann. §§ 58-5401–58-5404, once a law enforcement agency receives a qualifying affidavit from a property owner or authorized agent, it verifies the owner's entitlement to relief and then—after a minimum 24-hour waiting period—serves a notice on any unauthorized occupant to vacate immediately. Service can be completed by hand delivery to an occupant or by posting the notice on the dwelling's front door or entrance, and officers attempt to identify all occupants at that time. A processing fee of up to $50 may be charged for handling the affidavit.
Plain English — not legal advice.
Property owners or their authorized agents initiating the process under Kan. Stat. Ann. §§ 58-5401–58-5404 generally submit a qualifying affidavit to the applicable law enforcement agency, which then handles verification and service of the vacate notice. Compliant operators keep documentation confirming their ownership or agency status readily available, since law enforcement must verify that status before proceeding. Operators should also be prepared for a processing fee of up to $50 associated with the affidavit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Kan. Stat. Ann. §§ 58-5401–58-5404, a person occupying a dwelling who receives a law enforcement-served vacate notice has the right to know the basis for that notice and the identity of the affiant claiming ownership or authority. Tenants who believe they have a lawful right to occupy the unit may wish to consult a tenant-rights organization or legal aid provider to understand available defenses or remedies. Raising a claim of lawful occupancy as a defense in any subsequent proceeding is one general path recognized in housing law.
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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