COVID-19 Legal FAQs for Renters in

This page has local legal information on residential (not commercial) renters’ issues during the COVID-19 pandemic. It is not legal advice, and you should check with your local legal aid and courts for current information. Your local city or county may have additional protections for renters.

This page was last updated on August 13, 2020. It was reviewed by our volunteer attorney experts.

Its information is taken from these sources:Kansas Legal Services FAQGovernor’s Executive Order on utilitiesGovernor's eviction orderPrinceton Eviction Lab's COVID Policy ScorecardsColumbia Law School COVID-19 Eviction Moratoria analysisEnergy and Policy Institute Utility Disconnect TrackerGovernor eviction order extension

COVID-19 Legal FAQs for Renters in Kansas
Are there any special protections for Kansas renters during the COVID-19 emergency?

You may be protected from eviction through Dec. 31 under the national CDC Eviction Moratorium. Read more below to see if you’re protected.

Yes, Kansas renters have some protections against eviction through January 26, 2021.

The Kansas Governor Laura Kelly has ordered that renters cannot be evicted for reasons related to COVID-19 hardships. This order began on August 17, 2020 and is set to expire on January 26, 2021.

Earlier, Governor Kelly's Executive Order prevented evictions of renters who have COVID-related hardships until the end of the emergency period. It ended on May 17, 2020.

You may also be eligible for national protections that may last through December 31, 2020. Read more below to check if you are.

What do the protections mean for renters?

The protection means that through January 26, 2021 in Kansas, unless you are eligible for national protections:

  • Your landlord could give you a notice to quit, or notice to terminate a lease.
  • Your landlord could be stopped from filing an eviction claim against you, if you have not paid your rent or violated your lease terms because of COVID-related hardships. If your landlord wants to sue you for eviction, they have the burden to prove that your nonpayment or lease violation is NOT due to COVID-19.
  • Hearings on eviction may still continue, and the court may still hear an eviction case against you. You can defend yourself with the statewide and national eviction moratoriums.
  • The court could still issue a new order, judgment, or writ of eviction against you.
  • Law enforcement could still enforce an existing eviction order against you, to remove you from your home.

You may still be eligible for eviction protections through the national CDC Eviction Moratorium. Check here to see if you are eligible.

Do I still have to pay rent during the COVID-19 emergency in Kansas?

Yes, Kansas renters still need to pay rent during the emergency.

You may have protections from eviction for nonpayment of rent during the emergency through January 26, 2021, if your financial hardship was caused by COVID-19. You needed to provide pay stubs, bills, and other documents to support your argument.

Also check with your local city or county government to see if they give renters any additional protections if they are struggling to pay rent during the emergency.

If you cannot pay rent, take steps to protect yourself:

  • Communicate with your landlord: Send a written letter or email to your landlord as soon as possible. You can also try to negotiate with your landlord to make a payment plan or get a temporary rent reduction. Get help here for drafting and mailing a letter to your landlord. You can also use this letter-writing tool here.
  • Get written records of all communication: Keep copies of any letter or email you send, and any responses from the landlord. Keep receipts for any payments you make, that are signed and dated. If you make a payment plan or rent agreement, make sure to get it in writing.
  • Keep proof of COVID-19’s impact on you: Collect documents about your COVID-19-related employment problems, health care issues, or other issues that affect your ability to pay rent. This includes letters from your employer, doctor, insurance provider, child care provider, schools, etc.
  • Check for help: If you need financial assistance for housing costs, you may be able to get help.

Can my landlord evict me during the emergency in Kansas?

You are protected against eviction during the emergency period through January 26, 2021 in Kansas if you can show you have suffered financial hardship due to COVID-19. Other kinds of evictions may be allowed to proceed during the emergency.

After the emergency period ends, landlords can begin to enforce evictions against all renters, even those with financial hardships because of COVID-19, once again.

You may also be eligible for national protections against eviction. Read more below to see if you are.

If you receive a notice to quit from your landlord, or an eviction lawsuit, reach out for legal help.

Can my utilities be shut off during the emergency?

The Governor's Executive Order prohibits Kansas companies from shutting off utilities during the state of emergency through May 17th.

If you need financial assistance for utility costs, you may be able to get help.

Landlords are never allowed to shut off a renter's utilities in an attempt to force the renter out. This is illegal. Reach out to a lawyer for help if this happens to you.

Are you eligible for eviction protections under the CDC Eviction Moratorium?

What is the CDC Eviction Moratorium?

The CDC Eviction Moratorium orders that renters should be protected from eviction if they are unable to pay their rent due to hardships like job loss, income loss, or medical expenses. This protection lasts from September 4, 2020 through December 31, 2020.

The CDC Eviction Moratorium is not automatic protection against eviction. Renters need to fill in a Declaration document and give it to their landlord to get the protection.

Landlords may still try to file an eviction lawsuit against renters, but renters can use the moratorium to defend themselves in court.

Do you qualify for protection under the CDC Eviction Moratorium?

The CDC Eviction Moratorium applies to people who:

  • Rent a home in the United States; AND
  • Make less than $99,000 (or $198,000 if you file a joint tax return); AND
  • Are facing eviction based on nonpayment of rent (not for other problems, like lease violations or criminal activity); AND
  • Can show they’re unable to pay rent because they’ve had a financial hardship, like losing a job, decrease in income, or medical bills; AND
  • Can show that they’ve been trying their hardest to pay their rent and find any rental assistance; AND
  • Can show that they’re at risk of homelessness if they were to be evicted.

If you live in a state, county, or city that has an eviction moratorium, the CDC Eviction Moratorium doesn’t replace this local one. It adds on top of your local protections.

What does the CDC Eviction Moratorium get you?

The CDC Eviction moratorium can stop an eviction proceeding against you. It could stop your landlord from removing you from your home, or from a court giving your landlord an eviction order through Dec. 31, 2020.

This means:

  • If your landlord has already started an eviction lawsuit against you, you can use the CDC Eviction Moratorium as a defense in court.
  • You can use the Declaration form to tell your landlord that you are protected from eviction, and to ask the court to stop the eviction.
  • You must follow the process below to be protected by the CDC Eviction Moratorium.

The CDC Eviction Moratorium does NOT get you rent relief:

  • Even if you fill in the Declaration, this does not cancel rent that you owe, or stop rent or late fees from building up.
  • After the CDC Moratorium expires on Dec. 31, 2020, you may be evicted for the rent that you owe.

The CDC Eviction Moratorium may NOT stop a landlord from suing you:

  • Even after you fill in the Declaration and send it to your landlord, they might still file an eviction lawsuit against you.
  • You can bring the Declaration to the court eviction hearing, to ask the court to stop the eviction.
  • Call a local lawyer for help if your landlord sues you for eviction.

How do you use the CDC Eviction Moratorium to protect yourself?

To secure CDC Eviction Moratorium protection, follow these steps:

  1. Apply for rental assistance. Look for any rental and utility assistance in your area, and submit applications to these programs. Find local assistance programs here.
  2. Fill out Declarations. You and every adult in the household need to fill out a Declaration about your financial hardships and your attempts to get assistance. In the Declaration, you must say that you are telling the truth and that you may face legal consequences if you are lying. You can use this guide for help with the Declaration.
  3. Send the Declarations to your landlord, and also tell the landlord that you will do your best to pay when you can. Keep a copy of the Declarations, as well as any receipt or documentation that you have sent it to your landlord (like email receipt or screenshots of the message). These can be useful evidence that you followed the process correctly.
  4. Protections through Dec. 31st. After you send this, your landlord cannot remove you from your home for nonpayment of rent through December 31, 2020. They are also never allowed to harass or intimidate you, or force you to leave the home without a court order.
  5. If your landlord has filed an eviction lawsuit against you, you can bring your Declarations to the court to ask them to stop the lawsuit. Contact a legal aid lawyer to help you with the lawsuit. Please note: Your landlord can still evict you for reasons other than nonpayment of rent, like for engaging in criminal activity in the home, violating building codes or health ordinances, or threatening the health and safety of other residents.
  6. You will continue to owe your rent. Try to make a plan about how you will take care of all the rent you owe. At the end of the Eviction Moratorium protections on Dec. 31, 2020, you will no longer be protected from being evicted.
  7. Make sure you know your lease and its terms. Some landlords may try to evict you based on violations of the terms in your lease. If you know your lease, you can protect yourself by making sure you do not break any of its terms.

If your landlord is trying to evict you, you should contact a legal aid attorney who helps with evictions. The CDC Eviction Moratorium might give you protections that lawyers can help you with.

Did I have eviction protections under the CARES Act?

What if I need repairs during COVID-19?

Can I break my lease during COVID-19?

What do I do if my landlord tries to evict me during COVID-19?

Are eviction cases still proceeding through Kansas courts?

Did this page help?