If you are not a homeowner, then you must be a renter. If you are renting a house or an apartment, then you have a landlord. What happens when you have a conflict with your landlord? Almost nothing is more stressful than being displaced or being threatened with displacement from your residence.

The Kansas Landlord Tenant Act, KSA 58-2545, is the body of law in Kansas that governs the landlord-tenant relationship. Before entering into a landlord-tenant relationship, the most important thing you can do is put your rental agreement in writing. If you do not have a written agreement, the act states that "Unless the rental agreement fixes a definite term, the tenancy shall be week-to-week, in the case of a roomer who pays weekly rent, and in all other cases month-to-month."

While the typical written rental agreement is for 12 months, the law only provides for a maximum month-to-month tenancy without a written agreement. Under a month-to-month arrangement, if you pay your rent and your landlord informs you that this is the last month you may stay in the residence, then you must find another place to live on very short notice. For a senior on a fixed income, moving on short notice can be daunting if not impossible.

Alternatively, if you inform your landlord in writing that you intend to vacate the premises at the end of the month, nothing prevents you from doing so and you owe the landlord no additional rent money. However, it is always best to protect yourself by putting your rental agreement in writing.

Before you sign a lease, you should know what the Kansas Landlord Tenant Act says about security deposits: A landlord cannot charge more than one month's rent for a security deposit. If you are renting a furnished apartment, the landlord may charge an additional deposit of up to half a month's rent. If you have pets and the rental agreement allows pets, the landlord can charge an additional deposit of up to half a month's rent. If your landlord charges more than this for a security deposit, you should reconsider whether you really want to enter into the agreement.

Leases normally require you to pay your rent by the first of the month, and the lease may even give you a couple days' grace period. Late fees may be associated with this. But what happens if you fail to pay your rent? According to the act, your landlord can give you what is called a "three-day notice." This means that upon receiving written notice from the landlord, you have three days to pay the rent in full and any associated late fees. If you do not, your landlord may begin eviction proceedings.

Once eviction proceedings begin, you will be served a notice of the lawsuit and you must appear in court at the date and time of the hearing. It is also best to submit an answer to the court, admitting or denying the allegations contained in the petition. If you have a counterclaim against your landlord (if you think he owes you money, or if you think he is breaching a duty owed to you), then you should assert it with your answer to the petition. It is always best to be represented by an attorney in these situations, as that is the only way to ensure that your rights are preserved.

If you fail to answer the petition or fail to appear in court, your landlord will receive a default judgment against you. This means that you essentially waived all rights to participate in the action against you, so by default your landlord wins. Whether by default or the judge entering a decision in favor of your landlord, the judge will sign a Writ of Restitution, requiring the sheriff to remove you from the premises in no less than 10 days. After the sheriff comes to remove you, you will be locked out and not allowed to return. Accordingly, if the judge rules against you, it is best that you begin moving out immediately.

If you win the eviction case and the judge allows you to stay, it can be surmised that the relationship between you and your landlord is irretrievably broken. While it is always in your best interests to fight an eviction case (because an eviction could prevent you from finding suitable alternate housing), even if you win you will probably want to find another place to live. Once the relationship between you and your landlord is damaged, the landlord may try to find other ways to force you to move. At the very least, the landlord would likely decline to renew your lease.

If you would like to read the Kansas Landlord Tenant Act, click here.

Another good source of information on evictions in Johnson County is the Johnson County Law Library's Web site, lawlibrary.jocogov.org/links.htm.