Facing the eviction process in Kansas City? It is critical to understand how the legal process works—especially what Limited Actions Court can and cannot decide. Many tenants dealing with retaliatory evictions make the mistake of arguing issues that the court does not have jurisdiction over, which can hurt their case.
This post explains:
✔️ How the eviction process works in Kansas City
✔️ What Limited Actions Court is and what it does
✔️ What issues Limited Actions does NOT handle
✔️ How to properly defend yourself against an eviction
📌 What is the Eviction Process in Kansas City?
Kansas landlords cannot legally remove a tenant without going through the proper court process. A landlord must serve notice, file an eviction case, and obtain a court order before forcing a tenant to leave.
Step 1: The Landlord Serves an Eviction Notice
Before a landlord can file an eviction lawsuit (also called a “forcible detainer” case), they must give the tenant proper written notice. The type of notice depends on the reason for eviction:
- Nonpayment of Rent: The landlord must give a 3-day notice to pay or move out.
- Lease Violations: The landlord must give a 14/30-day notice (14 days to fix the violation or 30 days to leave).
- Month-to-Month Termination: The landlord must give at least 30 days’ notice before ending a month-to-month lease.
- Retaliatory Eviction: Even though Kansas law prohibits retaliation, landlords still try to evict tenants after they report violations or demand repairs.
Step 2: The Landlord Files an Eviction Case in Limited Actions Court
If the tenant does not move out after receiving notice, the landlord can file an eviction lawsuit in Limited Actions Court (a division of the District Court). The tenant will receive a Summons and Petition for Eviction stating:
✅ The reason for eviction
✅ The court date
✅ The deadline to file a response
💡 If you do not show up for court, the landlord will automatically win the eviction!
Step 3: The Court Holds a Hearing
On the court date, both the landlord (or their attorney) and the tenant will appear before a judge. The landlord must prove that they followed the proper process and that they have a legal right to evict the tenant.
Step 4: The Court Makes a Decision
- If the landlord wins, the judge issues a Writ of Restitution, giving the tenant a deadline to move out.
- If the tenant wins, the eviction is dismissed, and they can stay.
⚖️ What Limited Actions Court Handles (and What It Doesn’t)
Kansas eviction cases are handled in Limited Actions Court. This is not a full civil court—it has a narrow focus and only decides whether the landlord has a legal right to evict.
✅ Limited Actions Court CAN Decide:
✔️ Did the landlord follow the proper eviction process? (Notice, deadlines, court filing)
✔️ Does the landlord have legal grounds to evict the tenant? (Lease violations, nonpayment, etc.)
✔️ Did the tenant violate the lease in a way that justifies eviction?
✔️ Is the eviction order valid?
🚫 Limited Actions Court CANNOT Decide:
❌ Habitability issues (mold, repairs, unsafe conditions) – Tenants cannot argue that their unit is unlivable unless they already withheld rent and properly raised the issue before the case was filed.
❌ Landlord fraud – If a landlord lied about a unit’s condition or rental license status, this must be challenged in a separate lawsuit.
❌ Security deposit disputes – Tenants must file a separate small claims or civil case to recover withheld deposits.
❌ Tenant counterclaims for damages – If a landlord owes the tenant money for damages, overpaid rent, or uninhabitable conditions, the tenant must file a separate lawsuit.
🛑 Why Tenants Lose Eviction Cases – Common Mistakes to Avoid
Many tenants go to eviction court unprepared and argue issues that the court does not handle. This results in quick judgments for the landlord. Here are the biggest mistakes tenants make:
❌ 1. Trying to Argue Habitability Issues
- Wrong Argument: “The landlord didn’t fix the mold or water leaks, so I shouldn’t have to pay rent.”
- Why It Doesn’t Work: Limited Actions Court does NOT handle repair disputes. You can only argue habitability if you legally withheld rent after following the Kansas Tenant Repair & Deduct Law.
❌ 2. Not Responding to the Eviction Notice
- Wrong Move: Ignoring the court summons and hoping the judge sees your side.
- Why It Doesn’t Work: If you don’t respond, the judge automatically rules for the landlord, and you will be evicted.
❌ 3. Not Bringing Evidence to Court
- Wrong Move: Telling the judge your side but not having proof.
- Why It Doesn’t Work: You must bring documents, lease agreements, and any notices you received to support your defense.
❌ 4. Focusing on the Landlord’s Bad Behavior Instead of the Legal Argument
- Wrong Argument: “The landlord is a scammer and rents out illegal properties.”
- Why It Doesn’t Work: Even if the landlord is bad, the court will only look at whether the eviction process was followed correctly.
📢 What Tenants Should Do If They Face Retaliatory Eviction
If you believe your eviction is retaliatory, here’s how to properly fight back:
✅ 1. Respond to the Eviction Notice
📌 File an Answer with the court BEFORE the deadline. You can list defenses such as:
- Landlord failed to give proper notice.
- Landlord is evicting me for reporting code violations (retaliation).
- Landlord is evicting me without a legal lease agreement.
✅ 2. Gather Evidence
✔️ Emails, texts, and notices showing you reported problems
✔️ Proof that you paid rent (if applicable)
✔️ Lease agreements and any written communication
✅ 3. File a Separate Lawsuit If Needed
📌 If the landlord rented an unlicensed unit, failed to make repairs, or retaliated against you, file a civil case or tenant rights complaint.
✅ 4. Contact Tenant Advocacy Groups for Help
📞 Kansas Legal Services: kansaslegalservices.org
📞 Kansas Tenant Union