Storm damage, prop recovery question.

otis24

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My neice and her husband just had the place that they stay at hit with a tornado. They reside in Kansas. I think they may have a lease but are basically staying at the place rent free.

They were given an eviction notice. The barn and outbuildings were destroyed. The owner of the property plans to just have everything picked up and crushed. She is not giving them the opportunity to try to recover any of their property. I know they probably don’t have renter’s insurance nor the money to pay to recover stuff on their own.

Does she have to give them written legal notice of eviction/non-renewal of lease? How long do they have? If they refuse to leave, does she have to file with the court to get them removed? What are their rights regarding the recovery of their property?
 
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All that is very state specific. Google eviction law for Kansas or better yet, consult an attorney licensed to practice in Kansas.

Most likely the owner needs to give them notice and permit them to remove personal property, but it will vary by state. There may also be exceptions to the laws in some states for natural disasters.


Here's what I found by googling:

30-Day Notice To Vacate​


For a tenant with no lease or a month-to-month lease in Kansas, the landlord can serve them a 30-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 days to move out.

 
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It can vary a lot state to state.
In Washington we had 90 days when the landlord sold the property.
I would be contacting a lawyer.
The landlord is threatening to confiscate and destroy Your personal property.
 
Tell them to contact Kansas Legal Services in Wichita. Its a toll free call and KLS can hook them up with either an area office or a low fee referral if they qualify. If they were not paying rent, Kansas has a three day notice to quit the property. Judges typically will give them time to remove their personal property from the premises.
 

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