Eviction laws are a system of rules in which Kentucky recognizes and enforces the action of expelling someone, such as a tenant, from a property. It is the legal process of expelling someone from land, a building for nonpayment of rent.
The eviction process in Kentucky is a regulated procedure that requires strict adherence to the law to ensure the resident and landlord are observing each other’s rights. One of the steps that are essential to a lawful eviction in Kentucky involves the notice that is due the residents to inform them that eviction proceedings have commenced. Failure to provide adequate notice can result in a judgment against the landlord and the resident can be awarded compensation for having their rights so violated.
Causes for Eviction
Kentucky’s laws regarding eviction notice times varies based on the basis the landlord is seeking the eviction. A seven-day notice is required for tenants who are being sued for non-payment of rent. For matters outside of failure to pay rent, a fourteen-day notice is required of the landlord. In the event that a tenant is under a month-to-month agreement, a landlord that wishes to terminate the tenant’s stay is required to furnish notice 30-days in advance.
Delivery of the Notice
Kentucky laws allow landlords to hand-deliver a notice of eviction or attach the notice to the property in question. Many landlords choose to have the noticed delivered via certified mail to have a record of receipt by the tenant. Upon receiving the notice, the tenant has the right to defend against eviction at a hearing. If the tenant does not wish to refute the notice of eviction, no hearing is required provided the tenant vacates the premises in an agreeable manner.
If the landlord is motivated to call for an eviction, and that motivation can be mitigated by the tenant, the matter can be settled before the end of the time allowed within the notice. For example: If a tenant is being evicted because of non-payment of rent, the tenant can pay the delinquent amount before the seventh day after receiving the notice to halt the eviction process. If the matter is not resolved before the end of the time allowed by the notice, the landlord is free to petition the district court for a Writ of Forcible Detainer.
A hearing that results in judgment for the landlord and against the tenant requires that the tenant vacate the property in less than seven days. The tenant can file an appeal of the judgment within the seven days and have the eviction process paused until the appeal is adjudicated. A second judgment for the landlord will result in the issue of a Warrant of Possession or "Set-Out Warrant." The tenant can be forcibly removed from the property by the Sherriff if he or she does not vacate the property willingly.