New Kansas law allows tenants to clear evictions from their record. Here’s how

Kansas renters can clear evictions from their court record under a new law that went into effect this month, something proponents say could help people find stable housing across the state.

An eviction in Kansas is a public court record, which can make it hard to qualify for a new lease, said Megan Foreman, the housing coordinator for Johnson County. Often, rental applications are automatically filtered out if the applicant has an eviction on their court record, she said.

Foreman said renters can fail to pay rent for a multitude of reasons, like job loss, a medical emergency or a relationship change. What starts as a short-term crisis can follow tenants for years and turn into chronic housing instability.

Foreman said many tenants with eviction histories haven’t been evicted again in the years since, but are still burdened by their record.

The new law aims to give them a fresh start.

“This eviction expungement offers an opportunity down the road to sort of reclaim their housing stability,” Foreman said.

For a renter to be eligible to have their record cleared, three years must have passed since the eviction without another eviction judgment. Plus, any money owed to the landlord must either be paid or excused with the agreement of the landlord.

If they meet this criteria, renters can file a free motion with the court under the original eviction case. The renter must notify the landlord, who has 30 days to object. If the landlord objects, a court hearing will be held to determine if the renter meets the criteria.

Casey Johnson, the director of advocacy at Kansas Legal Services, said the law was a win for tenants, landlords and communities across the state.

While the ability to clear evictions helps tenants secure more stable housing, Johnson said landlords can also benefit from the law because it requires tenants to pay off debts before having their evictions cleared.

Betty Simmons, president of the Landlords of Johnson County, said it is oftentimes difficult to track down tenants who missed rent, which can leave property owners in a bind. She said landlords usually have to pour money into properties before leasing and need on-time rent payments to pay back those debts.

“For one person to not pay the rent, that could just absolutely ruin the owner’s credit,” Simmons said.

She worries the law will make it harder for landlords to avoid renting to people who won’t pay their rent.

“I know why they did it,” Simmons said, “but I think from an owner’s point of view it’s probably not going to be in their best interest.”

Johnson said the new law’s condition that requires three years to pass without an eviction will help ensure those with cleared records aren’t at a higher risk of failing to pay rent than other community members.

Rep. Leah Howell, a Derby Republican, drafted the bill alongside Rep. Cyndi Howerton, a Haysville Republican. Howell said the law was the first opportunity for Kansas renters to clear their eviction records.

“This bill reflects a balanced approach by providing a meaningful second chance for those who have met their obligations while also encouraging payment of outstanding eviction judgments to landlords,” Howell said. “I’m proud to have championed legislation that promotes accountability, housing stability, and fairness for both tenants and property owners across Kansas.”

Foreman, the Johnson County housing coordinator, said she hopes the plan will help have similar results to what she’s seen from Johnson County’s eviction mediation program. That program steers evicted tenants away from court and toward mediation where they work out deals with their landlords.

She said nearly 80% of program participants have worked out a solution with a landlord and avoided an eviction judgment on their record. More than one-third of renters were able to keep their housing due to the program.

If the new eviction expungement program can help replicate these results statewide, it would mean more housing stability across the state.

Foreman said more housing stability helps ensure workers can secure employment, children can focus on school and people can maintain their health — all of which benefit communities at large.

“It really kind of impacts all the facets of life, which then impacts whole communities,” Foreman said.