Law & Legal & Attorney Real estate & property Law

Eviction Notice Laws in Kentucky

    Reasons for Eviction

    • Kentucky law requires varying time frames for notices of eviction based on the reason of the eviction. Landlords who are seeking an eviction due to nonpayment of rent are required to furnish a seven-day notice to the tenant. A landlord seeking an eviction for any other breech of the lease agreement needs to provide a 14-day notice of the intent to evict. To notify a tenant that the landlord intends not to renew a lease agreement or to end a month-to-month tenancy requires a 30-day notice.

    Delivering the Notice

    • Landlords can deliver the notice to vacate in person or attach the notice to the property. A landlord is not obligated to have the noticed delivered via certified mail, though doing so may alleviate the potential for any discrepancies in the event of a court hearing. The notice is a request to end the tenancy. The tenant has the right to contest the eviction or vacate the premises. A court hearing, though common, does not need to take place unless the tenant wishes to defend his right to remain in the property.

    Tenant's Rights

    • After receiving the notice the tenant has the right to rectify the issues prompting the request to vacate. In the event of past due rent payment, the tenant can pay the past due amount to halt the eviction process before the seventh day of notice. After the time allowed by the notice has elapsed, the landlord can move to petition the district court for a Writ of Forcible Detainer. The court will employ a sheriff or constable to deliver the notice to appear in court where the case will be heard and eventually adjudicated.

    Judgment for the Landlord

    • If the hearing results in a judgment for the landlord, the court will order the tenant to vacate the property in as little as seven days. The tenant has the right to appeal the decision within seven days of the order to vacate the property. After the appeals process, should the tenant fail to win the case, the court will issue a Warrant of Possession or "Set-Out Warrant." The sheriff will be ordered to remove the tenant from the property.

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