Renter given 30 days notice - then scheduled next rent payment

[Jenni Moore]

I need to vacate a renter (one side of duplex) in order to make major repairs. Tenant was month2month and we gave 30 days notice. They should be out on/by May 31, 2021. They weren’t happy with the notice, started attacking me about all the things wrong with the unit (duh - that’s why we need to renovate), yelling about how good the other tenant has it and how awful it is that we are “kicking them out”, but not kicking out the other tenant (their side was already updated before we purchased the property). I was kind enough to give them the heads-up an entire month before I mailed the 30 days notice, so they knew it was coming.

Anyway, beside being ticked off that we need them out, they are trying to make it personal and also making life miserable for the next-door tenant. They went ahead and scheduled their June 1, 2021 payment on our management portal...they have never “scheduled” a payment ahead of time in the past! To me this indicates that they are not planning to leave when they are supposed to.

What should I do?

If the payment sends when they scheduled it, am I obligated to let them stay or do I have to move to an official eviction?

The property is in Kansas and we self manage....really questioning that part moving forward.

[Joe Martella]

If they are happy living the way the unit is then the place isn’t in that bad of shape.  You can’t evict now anyway.  I would wait for the moratorium to be over and then go down the road of eviction