• posted: Sep. 03, 2020
This applies to a variety of lenders: mobile homes; mortgage foreclosure proceedings and of course,  landlords.

Kansas still has its own moratorium in effect, as mentioned in a previous post. It runs from 8/17 to 9/15.  It does not prohibit eviction proceedings that were filed prior to 8/17. 

Regarding the CDC order, since it came out 9/1, our courts are digesting it. Most likely, the details and how it is to be enforced will be decided county-by-county.  There has been no guidance issued by the Kansas Supreme Court as to how the district courts are to proceed.

Here in Johnson County, Kansas, the second largest county in the state, our judge has the following procedures:

For the CDC order issued 9/1, it bans evictions until end of December 2020. To be eligible, you must either earn less than $99,000 a year ($198,000 for couples), have received a stimulus check, or have been exempt from paying income tax in 2019.   And it only applies to nonpayment due to a substantial hardship caused by a loss of income or extraordinary medical expenses caused by  a COVID-19 reason. The tenant  must sign a declaration to this effect: they  are unable to pay rent due to COVID-19, and paying as much rent as they  afford.  Our court prepared an affidavit.  And our judge suggested sending the attached form to the  tenant,  giving them the opportunity to fill it out and submit to the court.  Here is the link to that affidavit:  https://courts.jocogov.org/Covid/Covid-19%20Tenant%20Declaration%20form.pdf .

It is our local judges opinion that we would  also have to plead in  the petition the nonpayment was not caused by a financial hardship due to COVID-19, i.e. the tenant has not suffered a financial hardship due to COVID.

The main difference between the Kansas moratorium and the CDC order,  besides the  9/15.deadline, is that in Kansas the burden is on the  landlord/creditor.  While the CDC order, the burden on the tenant fill out an affidavit.

Of course, the moratorium is only for possession, and does not relieve the obligation to pay rent.  So you can still file suit, and try to collect on the unpaid balance, without seeking possession. 

This is what I have so far, hope this helps!