The summons and complaint must be served on the tenant by the sheriff or constable at least 3 days prior to the eviction hearing, through one of the following methods: 3 days. Kentucky’s order prohibiting evictions remains in effect though there are reasonable exceptions within the order. Evictions in Kentucky are one of the most common kinds of cases seen in the Kentucky district courts. Compare 18 Kentucky Landlord, Tenant and Eviction attorney profiles and 16 law firms by experience, credentials and reviews. Legal defenses include the landlord discriminating against the tenant or failing to maintain the rental unit. You may be protected for eviction based on nonpayment of rent through June 30 if you follow the CDC's National Eviction Moratorium's rules.But you may be sued for eviction after the special protections end, and will still owe all … Violation of Lease Terms / Rental Agreement, Step 5: Possession of Property is Returned, Leaving a copy with the tenant’s family member, Posting a copy at the rental unit AND mailing a copy to the tenant via regular (first class) mail. the Uniform Residential Landlord and Tenant Act. .020 Property subject to distress or attachment for rent -- Damages for illegal distraint, attachment, or wrongful removal. And, speaking of … .020 Property subject to distress or attachment for rent -- Damages for illegal distraint, attachment, or wrongful removal. All Rights Reserved. U.S. Department of Housing and Urban Development | 451 7th Street S.W., Washington, DC 20410 Telephone: (202) 708-1112 TTY: (202) 708-1455 Must agree to give 30 days' notice for any future eviction, not to be initiated until at least 45 days after assistance concludes. This article will explain the basic rules and procedures landlords and property managers must follow when evicting a tenant in Kentucky. If no appeal is filed, the eviction process will continue. Each possible ground for eviction has its own rules for how the process starts. A tenant can be evicted in Kentucky if they do not uphold their responsibilities under the terms of a written lease/rental agreement. The summons and complaint must be served on the tenant at least 3 days prior to the eviction hearing. Some evictions can begin before then, but generally only if they are on commercial property or if the eviction is … After the tenant is evicted and has moved out of the rental unit, the landlord might find that the tenant has left behind personal property. Deposits must be returned to tenants within 30 to 60 days. .010 Recovery of rent -- Interest -- Persons entitled to and liable for. It’s about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. A landlord is allowed to evict a tenant for failing to pay rent on time. The most common reasons for eviction are the tenant's failure to pay rent or the tenant's violation of the lease or rental agreement. The best practice for the landlord would be to send the tenant a written notice detailing the items left behind and give the tenant a reasonable amount of time to claim the property. 14-Day Notice. Evictions in Kentucky are one of the most common kinds of cases seen in the Kentucky district courts. Choosing tenants is a landlord's most importa... Every Landlord's Guide to Managing Property, Collecting and Returning Security Deposits, Rent Rules: Rent Control, Increases, & More, See All Landlords & Rental Property Articles. © 2021, iPropertyManagement.com. The state is abiding by the CDC moratorium. FRANKFORT, KY — Gov. When a landlord does not have legal cause to terminate a tenancy, the landlord must wait until the tenancy expires before expecting the tenant to move. “I’ve had one eviction going on for a year and a half. If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process. When a landlord wishes to end a fixed-term lease but does not have legal cause to evict the tenant, the landlord must simply wait until the end of the tenancy before expecting the tenant to move. For evictions based on non-payment of rent, the landlord must give a 7-day notice to pay before starting the eviction process. The Kentucky Supreme Court order says that all evictions can resume when the state of emergency ends or on July 25, 2020, whichever comes first. Even though a landlord might have legal cause to evict a tenant, the tenant might also have a valid legal defense against the eviction. Stat. The amount of time that your landlord needs to give you in the notice varies widely. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Failing to Provide the Correct (or Legally Required) Amount of Notice to a Tenant. Kentucky. The amount of time that your landlord needs to give you in the notice varies widely. The amount of time required in the notice depends on the type Until the Court issues a new order, these are controlling. You may be protected for eviction based on nonpayment of rent through June 30 if you follow the CDC's National Eviction Moratorium's rules.But you may be sued for eviction after the special protections end, and will still owe all … Some cities and counties1 have the Uniform Residential Landlord and Tenant Act (URLTA),a law which applies to most rental property (hotels, hospitals, group living situations, and employment-based rentals are not covered). Eviction status: The Kentucky state government has set up the ‘Healthy at Home Eviction Relief Fund’ that both tenants and landlords can apply for until Nov. 5. Possession of property is returned to landlord. As the next step in the eviction process, Kentucky landlords must file a complaint (or “warrant”) in the appropriate court. Currently, the Governor’s Office and other parties are engaged in … Eviction Process for Nonpayment of Rent. This Kentucky eviction notice must also advise that a court action to evict the tenant will be initiated once the notice period has expired and the rent remains unpaid. Landlords must carefully follow all the rules and procedures required by Kentucky law when evicting a tenant; otherwise, the eviction might not be valid. Kentucky state law doesn’t address how quickly the eviction hearing must be held after the summons and complaint is issued. Immediately. That does not mean that the landlord should immediately dispose of it, though. The Centers for Disease Control and Prevention has extended and modified an Order to temporarily halt certain residential evictions to prevent the spread of COVID-19, under Section 361 of the Public Health Service Act (42 U.S.C. According to Kentucky law, rent is considered late the day after it’s due; grace periods (if any) are addressed in the lease/rental agreement. For any other eviction reason in those counties following the URLTA, the Kentucky eviction notice is a 14-Day Notice. If you’re facing eviction and need help with legal questions you can contact the Bowling Green branch of Kentucky Legal Aid at the following: Kentucky Legal Aid - Click here for their website The tenant will be forcibly removed from the rental unit if they don’t move out before the writ is executed. U.S. Department of Housing and Urban Development | 451 7th Street S.W., Washington, DC 20410 Telephone: (202) 708-1112 TTY: (202) 708-1455