Legal Question in Real Estate Law in Kansas

I have been served noticed to appear in court for failure to pay rent. I received these papers on my door and not directly served to me. How long do i have to vacate the residence?? Are these papers legitimate and serve as legal documentation??


Asked on 11/06/10, 4:36 pm

1 Answer from Attorneys

Anthony Smith LawSmith

What you got is referred to as "servcie by posting" and is sufficient for the landlord to get a Judgmetn for possession o fhte premises. It may nto satisfy the servcie requirements for the landlord to get a money judgment for unpaid rent, costs, or fees. If you fail to appear for the hearing, the landlord will get at least a judgment for possession of the premises. If you fail to appeal or seek areconsideration by the judge, the landlord will have to request that the deputies appear and oversee the changing of the locks. This can take few one to four weeks.

If you apper at the answer docket and deny the landlord's petition, the case will be set for trial about a week later. If you lose at trial, then the process to evict you can continue as described above. If you appear, and admit that the landlord has the right to possession of th epremises, but deny that you owe any money, the landlord's attorney may agre to accept a judgment for possession only. Otherwise, the landlord may use any money judgment they get to garnish your bank accounts or wages.

Good luck

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Answered on 11/12/10, 6:32 am


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