Kansas military tenant notice: 15 days instead of 30 on a month-to-month tenancy
K.S.A. 58-2570(b) shortens the notice a Kansas month-to-month tenant must give from not less than 30 days to not more than 15 days when the tenant is in the military service of the United States and termination is necessitated by military orders. It applies to month-to-month tenancies, not to a lease for a fixed term.
What does K.S.A. 58-2570(b) say?
The general rule is that a landlord or tenant ends a month-to-month tenancy with written notice stating that the tenancy ends on a periodic rent-paying date not less than 30 days after the other party receives it. The statute then makes one exception. Not more than 15 days' written notice by a tenant is necessary to end the tenancy where the tenant is in the military service of the United States and termination of the tenancy is necessitated by military orders.
Two details are worth noticing. The shortened notice is a ceiling on what the tenant must give, so a longer notice is allowed but not required. And the text ties the exception to military orders, so a tenant who leaves for a reason unrelated to orders does not use it.
Does it apply to a fixed-term lease?
No. The sentence sits inside the rule for month-to-month tenancies. The same subsection says a rental agreement for a definite term of more than 30 days is not construed as a month-to-month tenancy, even though the rent is payable at intervals of 30 days. A Kansas tenant on a one-year lease who gets orders looks to the federal SCRA lease rule, and to the lease.
| Tenancy | Notice from a Kansas military tenant |
|---|---|
| Month-to-month, orders require the move | Not more than 15 days, in writing |
| Month-to-month, no orders involved | Written notice ending on a rent date at least 30 days out |
| Fixed term of more than 30 days | Not covered by 58-2570(b); see the lease and the federal rule |
What should the owner ask for?
The statute does not list required documents. It does require written notice and orders that necessitate the move. Ask for a copy of the orders and keep it with the notice, so the reason for the shortened period is on file. A short written note saying you accepted the 15-day notice and the move-out date you agreed on closes the loop.
Example a made-up tenant in Wichita is on a month-to-month tenancy and hands the owner written notice on the 3rd with a copy of orders. The owner may be asked to end the tenancy on a date up to 15 days out, so the owner and tenant agree on the 18th and the owner prorates rent to that day under the lease.
The section does not say how rent is prorated or what happens to the deposit. Those questions follow your lease and the general Kansas deposit rules.
What if the tenant has no orders, or the lease has a term?
A tenant without orders that necessitate the move gets the usual notice: written, ending on a rent-paying date at least 30 days after you receive it. A tenant on a fixed term lease who wants out early has the lease's own early termination terms, plus the federal rule if the tenant qualifies. Do not apply the 15 day notice to those tenants just because they are in the service. The statute ties the shortened notice to orders.
If you are unsure which rule applies, say so in your written reply, state the date you will treat as the end of the tenancy, and keep the notice and the orders in the file.
How DoorKeeping fits in Kansas
DoorKeeping keeps the written notice and the orders in the tenant's record, and your reply and any prorated charge go through your approvals queue before they send or post. This is general information, not legal advice. Check the current statute and your lease, and ask your own advisor about a specific tenant.
Sources
Questions
- How much notice does a Kansas military tenant give?
- On a month-to-month tenancy, not more than 15 days' written notice when termination is necessitated by military orders, instead of not less than 30 days.
- Does the Kansas 15-day rule cover a one-year lease?
- No. K.S.A. 58-2570(b) addresses month-to-month tenancies. A fixed-term lease is handled by its terms and the federal SCRA.
- Does the Kansas statute say what proof is needed?
- It requires written notice and that termination be necessitated by military orders. It does not list documents, so ask for a copy of the orders.