Wichita Eviction Court Steps 2026–27: The 3-Day Notice, Sedgwick County's Answer Hearing and the 14-Day Trial
Evictions in Kansas move fast. In Wichita, a landlord can file just three days after giving notice, your first court date can be only a few days after the papers are issued, and a trial must be held within 14 days of that first date. If you lose, the writ that removes you can be carried out within hours.
The good news: Sedgwick County has a court-connected Eviction Resolution Program, and Kansas Legal Services gives free advice at the courthouse every Wednesday. This guide walks you through each step and what to do at each one.
Last checked October 2026. Sources: Kansas eviction statutes K.S.A. 61-3801 to 61-3808 (Kansas Revisor of Statutes), the 18th Judicial District Court's Eviction Resolution Program page, eviction process flowchart and clerk's memo to eviction defendants, and Kansas Legal Services' "Tenant Issues and Rights for Kansas Renters." This is general information, not legal advice.
The Short Version
Notice. For late rent, you get a 3-day notice to pay. Pay within 72 hours and you're caught up.
Filing. The landlord must deliver a notice to leave at least 3 days before filing.
Summons. Your first court date is 3 to 14 days after the summons is issued.
Answer hearing. Show up or file a written answer by that date. If you do neither, you can lose by default.
Trial. Held within 14 days of the first court date.
Writ of restitution. Must be carried out within 14 days, sometimes within hours.
Step 1: The Notice
Late rent: the 3-day notice
Kansas Legal Services (KLS) explains that when rent is late, your landlord must give you a "3-Day Notice" saying your rent is past due and that you have 3 days from the notice to pay. If you pay within 72 hours, you're caught up and the landlord cannot pursue eviction on that notice.
Lease violations: 14 days to fix
For other lease violations, KLS says the landlord must give a notice that you have 14 days to correct the problem; otherwise the lease ends 30 days after the notice. If you fix the problem, send your landlord written notice and keep a copy.
The notice to leave
State law (K.S.A. 61-3803) requires the landlord to deliver a notice to leave the premises at least three days before filing the lawsuit. It can be handed to you, left with someone over 12 who lives there, posted on the property if no one is home, or mailed. KLS notes landlords often combine both into one "pay or vacate in 3 days" notice, which is allowed.
No lockouts
KLS is clear that your landlord cannot evict you by shutting off utilities or changing the locks. If that happens, you may be able to sue for one and a half months' rent or your damages, whichever is greater.
What to do now: If you can pay within the 3 days, do it and get a receipt. If you can't, contact the Eviction Resolution Program or KLS right away (numbers below). Don't wait for court papers.
Step 2: The Petition and Summons
After the notice period, the landlord files a Petition for Eviction. Under K.S.A. 61-3804, it must describe the property and why the landlord wants possession, and it can include a request for unpaid rent.
The court issues a summons with your first court date. By law (K.S.A. 61-3805), that date must be not less than 3 nor more than 14 days after the summons is issued. KLS warns that the hearing could be only a day or two after you're served, so read the papers the day you get them.
Service is usually in person, but KLS says papers are sometimes mailed or posted on your door.
Step 3: The Eviction Answer Hearing
In Sedgwick County, the clerk's memo to eviction defendants explains that the first date on your summons is an eviction answer hearing. It is your chance to respond and tell the court how you want to proceed. The memo says there will not be a judge at this hearing, and the landlord and their attorney may or may not attend.
You have two ways to respond (K.S.A. 61-3806 and the clerk's memo):
Appear in person at the date, time and place on the summons. Bring the whole packet, including the Petition for Eviction.
File a written answer with the court on or before the hearing date. If you do, you don't have to appear at the hearing.
The court's flowchart is blunt about the third option, doing nothing: you may lose the case and be evicted. The clerk's memo warns that if a default judgment is entered and you haven't moved out, an order to remove you could happen very quickly, even within 24 hours.
If you show up and disagree with the petition, the case goes to a bench trial. If you agree, you may lose the case and be evicted, so talk to KLS before agreeing to anything.
Can't make it? KLS says to contact the court immediately about a continuance, but continuances are often not allowed without the landlord's agreement. Filing a written answer by the hearing date is the safer route.
Step 4: Talk Before Trial
The Sedgwick County flowchart shows that before the bench trial, the tenant, landlord and attorneys can meet to try to reach an agreement. If you reach one, the trial is cancelled and you both follow the agreement. Common agreements include a payment plan or extra time to move.
The Eviction Resolution Program can explain the process and connect you to community services, including mediation with a neutral person. Tenants can fill out the online Tenant Intake Form on the court's website, or call 316-660-5659 (email ERP@kscourts.org).
Step 5: The Trial
Under K.S.A. 61-3807, the trial must be held within 14 days after the appearance date on the summons. KLS says it's usually sooner. A tenant cannot get a continuance unless they file a bond, approved by the court, to cover rent and damages that may accrue.
What to expect:
The case is usually decided by a judge, not a jury (KLS says a tenant may request a jury in some situations).
The flowchart warns that if you are more than 15 minutes late or absent, you may lose.
Bring every piece of evidence: the lease, rent receipts, bank records, texts, photos and repair requests. Tell the judge when you're introducing an exhibit and explain why it matters.
KLS advises tenants to be prepared to leave on the day of trial, because it's possible you'll have to.
Step 6: The Writ of Restitution
If the landlord wins, the judge enters judgment for possession, and the landlord can ask for a writ of restitution. K.S.A. 61-3808 says the writ must be carried out within 14 days after the officer receives it, and they may use reasonable force. KLS notes it can happen in a matter of hours, and when the sheriff or process server arrives, you may get only a few minutes to pack small belongings. Staying after the writ can lead to arrest for criminal trespass.
If you appeal and the court stays the case, the officer must stop.
Getting your belongings back
KLS explains that if your landlord keeps belongings you left behind, you have at least 30 days to get them back (or until they are sold) by paying storage costs and other money owed. Before a sale, the landlord must publish notice in a newspaper at least 15 days ahead and mail you a notice within 7 days of publishing.
Free Help in Wichita
Kansas Legal Services (Wichita office): (316) 267-3975 or 1-800-723-6953. KLS attorneys give free in-person advice at the Sedgwick County Courthouse, 525 N. Main, courtroom 5-5 (5th floor), Wednesdays 8:30 a.m.–4 p.m., same-day appointments, first come, first served. Income screening applies.
Eviction Resolution Program (18th Judicial District): 316-660-5659, ERP@kscourts.org.
Kansas Free Legal Answers: an online clinic where volunteer attorneys answer civil legal questions (income screening applies).
City of Wichita Housing and Community Services: information on public housing, housing choice vouchers, the city's retaliatory eviction ordinance and its Landlord and Tenant Handbook.
Kansas judicial branch virtual self-help center: includes a video series on the Kansas eviction process.
Closing Thoughts
In Wichita, the most important thing is to respond: pay within the 3 days if you can, and if papers arrive, appear at the answer hearing or file a written answer by that date. Then call KLS or the Eviction Resolution Program before your trial. Most of the damage in a Kansas eviction happens when tenants miss a date, not when they lose an argument.
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