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Session of 2026
HOUSE BILL No. 2691
By Representative Xu
2-4
AN ACT concerning evictions; requiring cause for evictions from
residential property; modifying the petition and notice requirements in
residential eviction cases; removing the requirement to post bond
before the court may grant a continuance; amending K.S.A. 61-3801,
61-3804, 61-3805 and 61-3807 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 61-3801 is hereby amended to read as follows: 61-
3801. (a) K.S.A. 61-3801 through 61-3808, and amendments thereto, shall
govern lawsuits brought to evict a person from possession of real property
or of an interest in real property.
(b) A lawsuit to a evict a person from possession of real property that
is a residential property or dwelling unit shall only be brought if the
tenant:
(1) Has made entry without right or title;
(2) holds over and continues in possession of the property or
dwelling unit, or any portion thereof, after the expiration of the rental
agreement or after tenancy at will has been terminated by either party;
(3) has not paid rent;
(4) has materially violated the terms of the rental agreement after
notice of such violation;
(5) has engaged in conduct that creates a nuisance or disturbance
that interferes with the quiet enjoyment of the landlord or other tenants at
the property or dwelling unit; or
(6) has negligently damaged the property or dwelling unit.
(c) Nothing in this section shall be construed to authorize the filing of
a lawsuit to evict a person without providing all notices that are required
by law.
(d) As used in this section, the terms "dwelling unit", "landlord",
"tenant", "rent" and "rental agreement" mean the same as defined in
K.S.A. 58-2543, and amendments thereto.
Sec. 2. K.S.A. 61-3804 is hereby amended to read as follows: 61-
3804. (a) The petition shall describe the premises for which possession is
sought and why the plaintiff is seeking possession. If there is rent due for
possession of the premises, the petition may include a request for
judgment for that amount or the plaintiff may bring a subsequent lawsuit
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for that amount.
(b) (1) A petition for possession of real property in a residential
eviction case shall include:
(A) The most recent rental agreement if such agreement is in writing;
(B) the notice to leave the premises that was served on the tenant;
and
(C) any exhibit that the landlord intends to introduce at trial.
(2) If the petition fails to include the items described in paragraph
(1), the case shall be dismissed. No exhibit that was not included with the
petition required by paragraph (1)(C) shall be admitted into evidence
unless such exhibit is properly introduced as rebuttal evidence.
Sec. 3. K.S.A. 61-3805 is hereby amended to read as follows: 61-
3805. (a) The time stated in the summons requiring the defendant to
appear in response to the petition shall be determined by the court. Such
time shall be not less than three nor more than 14 days after the date the
summons is issued.
(b) In residential eviction cases, a summons shall be served with:
(1) A copy of the petition;
(2) the instructions for responding; and
(3) a blank answer and self-represented litigant certification on forms
set forth by the judicial council.
Sec. 4. K.S.A. 61-3807 is hereby amended to read as follows: 61-
3807. (a) If a trial is necessary, the trial shall be conducted within 14 days
after the appearance date stated in the summons.
(b) No continuance shall be granted unless the defendant requesting a
continuance shall file a bond with good and sufficient security approved
by the court, conditioned for the payment of all damages and rent that may
accrue if judgment is entered against the defendant.
Sec. 5. K.S.A. 61-3801, 61-3804, 61-3805 and 61-3807 are hereby
repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
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