Legal Question in Landlord & Tenant Law in Kansas

I have a property in KS, My uncle took over payments when I lost my job, with a promise of paying the property off and giving it back paid off when he and his wife found a new place that better suited them. After they had taken posession they forced me to sign a mortgage contract with them, they said if I didn't that they would leave and i couldn't afford the payment any longer so I signed. Since then they failed to make payments for 3 months, and Insurance coverage lapsed, The loan is still in my name so I made arrangements to get it into good standing, and got insurance coverage for it, My question is after the second month I sent an eviction notice, another month went by with no payments but since then the tennant has paid the balance of the late payments, I still want them out by the 90 deadline that i gave them, can I still evict them?


Asked on 2/22/11, 12:37 pm

1 Answer from Attorneys
Anthony Smith LawSmith

It sounds like you made amonth-to month rental agreement or a 90 day certian rental agreement. If it is the latter, you can fiel for an unlawful detinaer if they are there om the 91st day. If it is the former, you will have to give them thrity days notice ot vacate, which is seems you did. but they paid, so you let them stay. You may have to give new thiorty day notice and then fiel suit if htey are there on the first day of the month that is thrity days after you give teh niotce. For examole. you give notice in Febrary 23rd. You can seek eviction if they are there on April 1st.

If the morgage agreement that you signed is vaild, you will have to go through the lengthy Kansas foreclosure process like all other mortgage holders. You might hire an attorney to examine this "mortgage" you signed, to see where you stand.

Good luck

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Answered on 2/22/11, 12:57 pm


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