How to Delay a Sheriff Lockout with an Appeal in Kansas

If you’re facing eviction in Kansas, you might fear that the sheriff will soon arrive to lock you out of your home. However, renters should know that state law provides a way to delay this process if you file an appeal right after the court orders an eviction. This article explains how to temporarily stop ("stay") a sheriff lockout during an eviction by appeal, what steps you need to take, and which forms to use—all in plain English and with links to official Kansas government resources.

Understanding Eviction and Sheriff Lockouts in Kansas

When a court rules in favor of a landlord in an eviction (officially called "forcible detainer" or "unlawful detainer") case, it will issue a "Writ of Restitution." This legal paper gives the sheriff authority to remove you and your belongings from your rental unit. Typically, the sheriff may act quickly after the court order. However, Kansas renters have the right to appeal the eviction judgment—and doing so can pause the lockout process in certain cases.

What Is an Appeal and Stay of Eviction?

An appeal is when you ask a higher court to review the lower court’s eviction decision. In Kansas, if you appeal within the allowed window, you can request a stay: a temporary hold that prevents the sheriff from locking you out while your case is under review.

Key Steps to Stay a Sheriff Lockout in Kansas

If you want to delay a sheriff lockout, you must act fast and follow Kansas law closely. Here are the steps most renters should take, with an overview before detailed instructions below:

• File a "Notice of Appeal" right after the eviction judgment
• Request a "stay" (pause) of eviction from the district court
• Post a bond if required by the court
• Follow all deadlines and instructions from the court

Step 1: File a Notice of Appeal

You must file a Notice of Appeal with the court within 14 days after the eviction judgment (Kansas Statutes Annotated § 61-3902). This document notifies the court and your landlord that you’re appealing the decision.
For many renters, the Notice of Appeal (Form DC-CIV-53) is required. Download it from the official Kansas Judicial Branch form page.

Example: If the judge makes a final eviction decision at your hearing on a Monday, you have until the Monday two weeks later to file your appeal.

Step 2: Request to Stay the Sheriff Lockout

Simply filing the appeal does not automatically stop the lockout—you must ask the court for a "stay" while your appeal is pending. This can often be requested in your appeal paperwork, or with a separate written motion to "stay execution of judgment."

Talk to the district court clerk and state clearly that you are seeking both an appeal and a stay of the eviction. The judge will decide if a stay is granted and may require you to post a bond (a payment held by the court to cover rent or damages during the appeal period).

Step 3: Post a Bond (If Required)

The court may order you to pay a bond as a condition for staying the lockout (see Kansas Statutes Annotated § 61-3905). The amount typically covers ongoing rent during the appeal process. Make sure to pay the bond promptly or risk losing your stay.

Filing and Forms: Official Instructions

• Notice of Appeal (DC-CIV-53): Use this form to formally begin your appeal. Download here from the Kansas Courts website.
  • When to use it: Immediately after you receive an eviction judgment you want to appeal.
  • How to use it: Fill it out clearly and file it with the district court clerk within 14 days of judgment. Serve a copy on your landlord (or landlord’s attorney).
• Motion to Stay (No official statewide form): You may use your own written motion or combine your stay request into your Notice of Appeal. Ask the clerk if your court provides a template.

What Happens Next?

If the court grants your stay, the sheriff cannot lock you out until your appeal is resolved. If your request is denied or you miss deadlines, the sheriff may proceed with the eviction. Always track all dates, file on time, and seek help from Kansas housing organizations if you’re unsure.

FAQs: Staying a Sheriff Lockout in Kansas

1. How quickly can the sheriff lock me out after an eviction order?
   After a court issues a writ of restitution, the sheriff can serve a 24-hour notice and proceed with lockout soon after. Acting fast with your appeal is critical.
2. Does filing an appeal always stop a sheriff lockout?
   No. You must also ask the judge to "stay" the eviction and fulfill any bond requirements.
3. Is there a standard form for requesting a stay?
   Kansas has no statewide form, but you may write a "Motion to Stay Execution of Judgment." Ask your court clerk about local forms or templates.
4. If I lose my appeal, how soon will I be evicted?
   If your appeal fails, the court can lift the stay and issue a new lockout order, usually within days.
5. Who oversees eviction appeals in Kansas?
   Eviction cases and appeals are handled in Kansas District Courts across each county. Find your court at the Kansas Judicial Branch - Find a Court resource.

Key Takeaways for Kansas Renters

• You can pause a sheriff lockout by appealing an eviction and requesting a stay.
• File your Notice of Appeal within 14 days and ask the judge for a stay.
• Be prepared to post a bond if required, and follow all court deadlines.

Appealing an eviction and staying a sheriff lockout can be complicated but may be an important option to keep your home while seeking legal review. Always act quickly, use official forms, and seek assistance if you have questions.

Need Help? Resources for Renters

• Kansas District Courts directory – find your local court to file forms or ask questions
• Kansas Housing Resources Corporation – state housing assistance programs
• Kansas Legal Services – free and low-cost legal help for renters
• Review Kansas Residential Landlord & Tenant Act for full tenant rights and obligations

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1. Kansas Residential Landlord & Tenant Act (K.S.A. 58-2540 et seq.)
2. Kansas appeal procedures for eviction cases (K.S.A. 61-3902, 61-3905)
3. Notice of Appeal (Form DC-CIV-53) – Official Kansas Judicial Branch
4. Kansas Judicial Branch – District courts listing
5. Kansas Legal Services – Eviction Defense Resources

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