Kentucky eviction laws might feel complicated if you’re a landlord trying to figure them out for the first time. While it’s not required, hiring a lawyer to guide you through the process can make it less stressful. But if you’re up to the task of going it alone, it’s good to learn how the Kentucky eviction process works. We’ve broken down this legal process into manageable steps so you’ll know what to expect.
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Serving an Eviction Notice in Kentucky
An eviction notice, or Notice to Quit, is the first step in the Kentucky eviction process. Kentucky eviction laws recognize different types of eviction notices, and you must give your tenant the correct notice based on their lease violation and specific circumstances.
Notice Periods Under Kentucky Eviction Laws
Kentucky has a set of laws known as the Uniform Residential Landlord and Tenant Act (URLTA) ( KRS § 383.675 ). However, these laws only apply in counties with a population greater than 68,000 residents. URLTA dictates the proper eviction notice timeframe and other aspects of landlord-tenant law.
Always determine whether URLTA applies in your county when serving eviction notices and adhering to Kentucky eviction laws. Here’s a rundown of the various Kentucky eviction notice types:
- 7-Day Notice to Pay Rent: This notice applies when a tenant doesn’t pay rent and lives in a URLTA jurisdiction. The tenant has seven days to pay past-due rent, late fees, or leave the property. Kentucky law states that tenants must receive this notice no less than seven days before the date the lease ends ( KRS § 383.660(2) ).
- 14-Day Notice to Remedy: This notice applies when a tenant living in a URLTA jurisdiction violates their lease agreement in ways besides not paying rent. The violation must be “curable.” This means the tenant has 14 days to fix the lease violation or leave. If the tenant lives outside a URLTA county, they have 30 days to fix (or quit) the violation, depending on the circumstances. Some violations might fall under the 14-day category, while others would have 30 days.
- 14-Day Notice to Quit (Unconditional): Landlords can serve a tenant this notice if they’ve already committed the same lease violation within the past six months in a URLTA county and received a 14-day notice to cure. You cannot serve this notice to renters living outside a URLTA jurisdiction.
- 30-Day Notice to Quit (Month-to-Month Tenancy): This notice ends a month-to-month tenancy when there is no lease violation, and the landlord wants to end the agreement. Tenants in a month-to-month agreement residing outside a URLTA jurisdiction would receive this notice if the landlord had a valid reason to end the lease, like non-payment of rent.
- 7-Day Notice to Quit (Week-to-Week Tenancy): Landlords in Kentucky must give tenants in a week-to-week tenancy written notice at least seven days before the eviction. Legal reasons for ending the lease include the tenant not paying rent, damaging the property, and engaging in criminal activity. However, this reason is not valid for legally protected characteristics like religion, sex, or race. A court hearing may be required before a judge will issue an order called a “Forcible Detainer”. This notice may be applicable inside or outside a URLTA jurisdiction, depending on the individual circumstances.
- 10-Day Notice to Quit: A landlord sends this notice when the written lease has expired.
Properly Serving an Eviction Notice According to Kentucky Eviction Laws
Serving notices properly, according to Kentucky eviction laws, is important. Some standard methods include serving in person, leaving a notice with another adult living there, or certified mail. Posting and mailing a notice is also an option in Kentucky eviction cases. This means you would post a notice on the renter’s door and mail a copy via certified mail.
Filing an Eviction Lawsuit in Kentucky
It’s normal to avoid filing an eviction lawsuit as a landlord in Kentucky. No one enjoys confrontation. But sometimes it’s necessary to regain control of your property.
Reasons Why Landlords File Kentucky Eviction Lawsuits
If you’re a landlord in this situation, don’t worry. Kentucky eviction laws allow you to file a lawsuit to get your property back. Here are the most common reasons landlords file eviction lawsuits in Kentucky:
- Failure to Pay Rent
- Lease Violations (damage to the property, illegal activities, and other serious infractions)
- Holdover Tenants (a tenant stays after the lease term without renewing)
Before filing a Kentucky eviction lawsuit, you must ensure you have a valid reason. You risk having the case dismissed in court, leaving you responsible for the court fees.
What to Include in a Kentucky Forcible Detainer Complaint
If your tenant won’t leave after receiving a proper eviction notice, you can file a Forcible Detainer Complaint with your county’s District Court ( KRS § 383.210(1) ). Here’s what the State of Kentucky requires to be in this formal complaint:
- Case number, court name, county, and division.
- Names of the tenant and landlord (and any aliases they use). Include the addresses and phone numbers of all parties.
- Lease Type: Include whether the lease was written or oral and the date the tenant signed it.
- Rental Rate and Period: Include how much rent the tenant pays and when it’s due.
- Description of the Lease Violation
- Date You Served the Notice
- Your Signature as the Landlord or Property Manager.
As a landlord in Kentucky, understanding your legal rights is essential. Be sure to learn about current Kentucky eviction laws, so you don’t make mistakes when trying to reclaim your property.
Navigating Court Proceedings
Navigating court proceedings in Kentucky eviction cases can feel confusing. Let’s simplify these complexities to give you the knowledge you need to handle each stage. Remember, knowledge is power, especially with Kentucky’s legal system.
Preparing for a Kentucky Eviction Hearing
Once you’ve submitted your complaint and paid a $40 filing fee, the Kentucky court will serve the tenant with a Notice of Eviction Hearing Trial by the Court along with a copy of the complaint. A qualified court officer must serve the tenant with the summons and a copy of your filed Forcible Detainer Complaint at least three days before the court date ( KRS § 383.215 ).
Attending Court
As a landlord in Kentucky, going to court prepared with evidence is vital to your success. Documentation you need to bring includes:
- Lease Agreement (and proof you gave the tenant a copy).
- Proof of Rent Payments
- A Copy of the Eviction Notice (and an Affidavit of Service proving you served it correctly)
- Photos and Videos
- Correspondence
- Police Reports (if applicable)
- Witness List
Tenants must appear in court on the date the court provides. This is their chance to give their side of the story and refute the landlord’s claims. The tenant’s explanation could convince the judge to rule in their favor.
Outcomes of an Eviction Hearing in Kentucky
In Kentucky, two outcomes are likely once the court rules: the judge will side with the tenant or the landlord. If the court sides with the landlord, Kentucky requires the tenant to leave within seven days. The court will then serve them with a Warrant for Possession ( KRS § 383.240 ).
Suppose a judge gives a tenant a Forcible Detainer Judgment, and they still won’t leave. In that case, a sheriff will remove them and give possession back to the landlord. This usually happens after seven days if the tenant chooses not to appeal the Forcible Detainer Judgment. Kentucky doesn’t have laws protecting a tenant’s belongings following an eviction ( KRS § 383.245 ). This means a landlord could dispose of any belongings left behind. Sheriffs can also charge a $7 fee to evict a tenant, using that money to serve the Warrant for Possession.
Tenants who get an eviction judgment also have the right to file an appeal within seven days of the hearing (KRS § 383.245, 383.255 ). Once the Circuit Court Clerk receives your appeal and filing fee (usually $60), a judge will put your eviction case on their docket.
What Happens If I Have a Squatter in Kentucky?
The laws about squatters and eviction can feel tricky. Many believe a squatter gains property rights by living there for a certain amount of time, making removing them difficult.
Kentucky eviction laws follow this idea somewhat, making their adverse possession laws similar to other states. A squatter must live on a property in Kentucky continuously for 15 years before filing an adverse possession lawsuit ( KRS § 413.010 ). If they prove they’ve met Kentucky’s requirements for “color of title”, they’ll get a legal claim to the property. Let’s look at this confusing distinction.
- Squatters : Someone illegally occupying an empty residence without permission and not paying rent.
- Trespassers : Someone who enters a property illegally and leaves independently; they may or may not damage property.
Here’s an example of this in real life:
Imagine you own a rental property, but your tenant moves out. Then, a squatter moves in without your permission or knowledge. Kentucky views a squatter as someone who is trespassing, so the first step is to call your local police. Law enforcement will determine whether it’s a squatter or a trespasser.
If the police find a trespasser, Kentucky eviction laws allow them to remove the trespasser immediately without notice. But this situation is very different if law enforcement says it’s a squatter.
You must follow a legal process to remove the squatter. Here’s how it works: the police contact the Sheriff’s office. A sheriff’s deputy will go to the home and give the squatter a legal eviction notice. This notice gives them a set time to leave, which depends on which eviction notice they receive. Like with a tenant, you have legal options if the squatter remains on your property past the deadline. However, you cannot handle this situation yourself.
Conclusion on Kentucky eviction laws
Kentucky eviction laws can be challenging to understand, especially because legal requirements are different for squatters and renters. While Kentucky gives squatters certain rights, state law says you must take legal action to have them removed from your property. Always familiarize yourself with current Kentucky eviction laws, or hire a lawyer to help you achieve a positive outcome.
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