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Eviction and Lease Termination in Johnson County

Eviction is the legal process by which a landlord or property owner removes an unwanted tenant. The legal protections in the Residential Landlord Tenant Act are balanced between the landlord who leases a residence and the tenant to whom it is leased. (KSA 58-2540 et. seq.) A landlord cannot summarily eject a tenant without some legal penalty, and a tenant cannot walk away from an ongoing lease without penalty. An experienced attorney can navigate the process to protect the interests of his client when an eviction is looming, or a lease must be terminated.

If You Are a Landlord

If you are a landlord and need to evict a tenant, you must follow the rules in the Landlord Tenant Act. Those rules vary depending on why an eviction is necessary. A tenant is entitled to notice and an opportunity to cure the problem or vacate voluntarily before the case goes to court. The attorneys at Martin & Wallentine are experienced preparing the necessary documents to begin and follow through with an orderly eviction process.

Following the rules is important, as judges will not order possession of the property and damages to the landlord if the landlord does not give proper notice to the tenant. Even worse, a judge may order the landlord to pay damages sustained by a tenant if the landlord attempts to evict by "self help", even if the tenant is behind on rent or otherwise in breach of the lease.

In short, following the rules is essential to obtaining a proper court ordered eviction. The experienced attorneys at Martin & Wallentine can help you avoid the pitfalls, terminate a lease properly, and secure an orderly eviction if necessary.

If You Are A Tenant Facing Eviction or Lease Termination

If you are a tenant and your landlord wants to evict you or terminate your lease, you do have legal rights that the landlord may not violate without penalty. Exactly what those rights are depends on why and how the landlord attempts to effectuate the lease termination. A lawyer who is experienced in landlord tenant law can identify and protect your rights as a tenant.

Even if you are behind on your rent, your landlord may not violate your rights to try to force you out, such as causing the interruption of water, electric or gas service, or changing the locks. If the landlord engages in such "self help", you may be entitled to recover damages from him.

If you are behind on your rent, the landlord must give you 3 days written notice and the opportunity to bring the rent current, or move out within that time, before filing in court for an eviction. You should do everything possible to avoid an eviction, as the legal record will make it difficult for you to rent another property in the future. An attorney can help you negotiate an agreement with the landlord that will avoid an eviction.

You should understand that if the landlord wants to end the lease and wants you to move, you will have to do that sooner or later. If you are in full compliance with an ongoing valid lease, the landlord must give you adequate notice of his intent to terminate the lease, refund all or part of your security deposit when you move out, and may owe you damages as well. If you are on a "month to month" (or periodic) lease after your term lease ends, all of the provisions of the lease are still in force. Either party may terminate the lease with proper notice to the other.

In short, you have rights as a tenant, and the landlord must follow the proper procedures to terminate your lease or evict you. An experienced attorney can help assure that your rights are protected.

Why Hire Martin & Wallentine?

Find out Why Richard Martin & Jerry Wallentine Are Qualified to Represent You
  • We Offer Consultations for All Potential Clients

  • Members of The National Association of Criminal Defense Lawyers

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