E. TERMINATION OF MONTH-TO-MONTH TENANCY WHEN NECESSITATED BY MILITARY ORDERS K.S.A. 58-2570 provides for termination of month-to-month residential tenancies when necessitated by military orders in certain circumstances. If a court finds, however, that termination is not "necessitated by military orders" (temporary orders arguably would not necessitate termination), the tenant could be liable for additional rent and possibly for other damages. If this notice is used, it should be hand delivered with a witness who is likely to be able to testify in court as much as 5 years after termination of the contract or it should be mailed to the landlord by certified mail, return receipt requested. The receipt should be sent to the person holding the tenant's power of attorney. Such person should also keep a copy of the tenant's notice. Legal advice is recommended before using this notice. The notice should be detached at the dotted line and the information above the dotted line should be kept by the tenant or the person with the tenant's power of attorney. Even though rent is paid monthly, an agreement for a term of 9 months, a year, or other specific term is NOT a month-to-month tenancy.
-------------------------(Detach the instructions above from the form below)-------------------------
_______________________________ (street address)
_______________________________ (city, state, zip)
_______________________________ (date mailed)
_______________________________ (landlord's name)
_______________________________ (address)
_______________________________ (city, state, zip)
Dear ___________________________:
I hereby give notice of termination of my tenancy at (address)
_____________________________________________________________________________,
___________________________________, effective (date not less than 15 days after landlord's receipt of notice)__________________________, 19_____,
because my military orders necessitate such termination. Please see the attached copy of my orders. Since I fulfilled all my rental obligations, will leave the premises as received except for normal wear and tear, and will return the keys, please forward the security deposit of $______________ to me at the following address:
______________________________________________________________________________
Sincerely,
______________________________ (signature)
______________________________ (printed name)