Landlords who are seeking to evict a residential tenant have to consider the county in which the property is located to adhere to the proper Kentucky eviction process. If the property is located in any of the following counties, then landlord must follow the Uniform Residential Landlord and Tenant Act (URLTA) in evicting the tenant.
No Kentucky landlord is exempt from following the appropriate Kentucky eviction process. Self-eviction measures that do not use the court system in trying to evict a tenant such as denying the tenant access to the property, shutting off utilities, refusing to remedy or repair unsafe or dangerous conditions or threatening the tenant are illegal. A tenant in these cases may recover not more than 3 times the periodic rent, attorneys fees and may terminate the lease with all prepaid rent returned.
For those counties that follow the URLTA, the landlord in nonpayment of rent evictions must serve a 7-Day Eviction Notice indicating the amount of rent due and that the lease will terminate if the rent is not paid by a certain date. 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.
For any other eviction reason in those counties following the URLTA, the Kentucky eviction notice is 14-days to remedy the lease violation or to vacate, or the tenant will face an eviction action in court. The eviction notice must specifically state the reason for the eviction and that the tenant can remedy it within the notice period or the rental agreement will terminate on a specific day.
Reasons for noncompliance may include material violations of the lease agreement such as having unauthorized persons living on the property or by failing to reasonably care for the premises if it constitutes a violation of the applicable housing or building code.
If the same act or omission constituting the noncompliance occurs within the following 6 months, the landlord needs to give the 14-day notice specifying the violation but may terminate the rental agreement without the opportunity for the tenant to remedy the breach.
For those counties not following the URLTA, the landlord must serve a Kentucky eviction notice that is either specified in the lease or, if none, 30-days regardless if it is for nonpayment of rent or for a violation of the lease, though a reason must be specified. If the lease is a month-to-month or it is expiring, the landlord needs to give a 30-day notice in all counties without the necessity of stating a reason.
A notice to evict must be served by personal service on the tenant, to any other adult who is living on the property, by tacking it to the door or leaving it in a conspicuous location. The landlord should also mail the notice by registered or certified mail so that proper service is not an issue.
For more information on Kentucky Eviction Laws please go to:
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