Know Your Rights event empowers renters with knowledge, recourse to fight evictions in court

A “Know Your Rights” presentation Saturday provided legal resources to tenants in Lawrence, demonstrating that they have recourse to fight evictions in court. 

The event, hosted in partnership between the Lawrence Public Library and Lawrence Tenants, consisted of a presentation from Michael Hillary, staff attorney with Kansas Legal Services. KLS aims to provide “equal access to justice” for low-income people in need of legal and mediation services, according to their website.

Hillary detailed different types of evictions before talking attendees through methods for resisting them, even when proceedings can be confusing and laden with legalese.

14/30 eviction

Uniquely, 14/30 evictions can be initiated by either landlord or tenant, Hillary said. Landlords providing a 14/30 notice must clearly state the reason for eviction in the notice. That reason must be fixable and nondiscriminatory. For example, a landlord could point to a window broken by the tenant, but they could not refuse someone based on their race, Hillary said.

If the identified breach is remediable, the tenant must take good faith action within 14 days, including holidays and weekends, to make the necessary repairs. Hillary recommended gathering photo evidence of these efforts, rather than video.

“Pictures are easy,” Hillary said. “Pictures are timestamped. Pictures have metadata attached to them.”

If a tenant does not meet the requirements, the lease terminates 30 days after the landlord gave notice.

A tenant might also send a 14/30 notice to their landlord if, for example, the landlord created uninhabitable living conditions. KLS suggests steps to take before initiating a 14/30 eviction here, such as contacting maintenance or the local housing authority.

When the tenant initiates a 14/30 notice, landlords must also demonstrate a good-faith effort to rectify the issue or completely resolve it within 14 days. However, unlike tenants, they have until the first day rent is due after the 30-day notice period ends before the lease is terminated.

“The reason why it’s a bad remedy in the law is because you’re electing to be homeless,” Hillary said. “But … this is the first step to saying, like, ‘Hey, landlord, I have issues.’”

Eviction due to nonpayment of rent

Landlords may start eviction proceedings when a tenant defaults on rent payments, which include any agreed-upon charges, like parking fees or utilities. If a tenant pays $499 of a $500 rent fee, they can still be evicted. Ultimately, there is no reason for missing rent payments that is deemed reasonable in Kansas, according to Hillary.

In this instance, a landlord must provide the tenant with a delivered, posted or mailed notice — it cannot be sent via text or email. In the notice, the landlord has to give the tenant three full days to either vacate the property or pay the remaining fee. Otherwise, it is not valid.

There are other details a landlord must provide on this notice, and if they fail to do so, their petition for eviction may be dismissed.

However, if the notice meets the requirements and the tenant does not vacate or pay within three days, the landlord can successfully file for eviction.

30-day evictions

“Lots of us here in Lawrence have month-to-month tenancies,” Hillary said. “If you have a 30-day tenancy … you could be evicted at any time with a 30-day notice.”

Hillary said it is not possible to fight this type of eviction unless the notice wasn’t legally adequate. If a tenant stays on the property after 30 days, they can be sued. 

Resisting eviction in court

If a landlord files for eviction in court, Hillary continually recommended one thing: Call Kansas Legal Services.

For a comprehensive overview of the eviction process, see this slideshow from Jasmine Bates, AmeriCorps member, and this video from KLS.

Hillary told attendees that it’s critical for a tenant to appear at an answer hearing after a petition is filed. Otherwise, the judge will by default assume that the petition for eviction is legitimate and that the tenant owes rent.

In this answer hearing, the tenant can deny claims made in the petition. For example, they can point out if a landlord did not provide proper notice.

It is also possible for a tenant to file counterclaims against the landlord. A counterclaim could state that all or part of the property was uninhabitable, making the value of the space less than the rent charged.

If a tenant denies any of the claims outlined in a petition, the case will proceed to trial. At trial, an attorney can help a tenant make a mutually beneficial deal with the landlord or continue to make their case.

Hillary shared a robust list of details that a tenant should provide when making a case to keep testimony on track. He emphasized that a tenant should specify what they are requesting from the court in terms of damages or possession. “As long as you say your amount, the judge has something to make a decision about,” Hillary said.

Once the defendant wraps up their testimony, or rests, the judge will either rule from the bench or take the case under advisement for later ruling. Hillary recommended that the defendant not argue with the judge, but take careful notes on the ruling.

Eviction after the ruling 

If the judge rules in favor of the landlord, they will issue a writ of restitution. A landlord can’t immediately kick the tenant out, as a representative of the sheriff’s office must arrive with the writ — this could happen the same day as the trial. Hillary urged renters to collect their essential belongings first, including passports, Social Security cards and medications, as it is trespassing to return to the property after eviction to claim items.

In Kansas, it is currently impossible to have an eviction expunged from a renter’s record, which can significantly hinder someone’s ability to find a place to live. Hillary, however, said that evicted tenants who meet the requirements of the judge’s ruling, such as paying back a certain amount of rent, can get a judge-signed document. This is called a satisfaction of judgment. 

“Until there’s a change in the law that allows us to expunge evictions, (a satisfaction of judgment) is our current best way to show future landlords that we can’t be just not rented to because we had an old eviction on our record,” Hillary said.

More resources

“Join your local tenants union; they can help disseminate a lot of information,” Hillary said.

Lawrence Tenants has compiled resources on tenant rights, which can be found here. If you have a specific question related to your tenancy or if you are seeking legal representation, reach out to KLS here.

“Know Your Rights: Fighting Eviction in Court” was the second session in a series of three talks. The third event, “Getting Your Security Deposit Back,” will take place from 1 to 2:30 p.m. Saturday, Aug. 9, in the auditorium at the Lawrence Public Library.

This article does not encompass all types of eviction in Kansas or all details related to the evictions that were provided during the event. Though the event was not recorded, you can contact Gabby Boyle at gboyle@lplks.org for the presentation slides.

Wulfe Wulfemeyer (they/them), reporter and news editor, has worked with The Lawrence Times since May 2025. They can be reached at wulfe@lawrencekstimes.com.

Read their complete bio here. Read their work for the Times here.

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