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Evictions in Kentucky are one of the most common kinds of cases seen in the Kentucky district courts. A landlord can evict any tenant so long as he or she follows state law regarding eviction. Under no circumstances should a landlord personally remove the tenant, as the landlord may be liable to the tenant for damages if he or she does.
Available Kentucky Termination Notices
The notice requirement for ending a tenancy depends on the kind of tenancy at issue. If the tenancy is week-to-week, either party need only give 7 days notice, while if it is a month-to-month tenancy, 30 days is required.
For fixed term leases, if a landlord wishes to end a tenancy earlier than the lease says, he or she may do so by serving the tenant with an appropriate notice for an appropriate reason. If the lease specifies a certain time frame for notice, that is the appropriate notice time. If not, and if the landlord is ending the tenancy for failure to pay rent, he or she must give:
7 days notice to pay: This notice allows the tenant a week to pay the rent. At the end of the 7 days, the landlord may begin eviction proceedings.
If, however, the landlord is ending the tenancy for another reason (such as breach of the lease), he or she is required to give the tenant 14 days.
14 days notice to cure: This notice allows the tenant to cure the breach of the lease within 14 days or face eviction.
For the proper notice forms, go to your local court (see "Getting Help" below).
Evictions in Kentucky are generally handled by the District Courts. Find your local district court at the Kentucky Courts website. You can get eviction and notice forms from the office of your local court. While it may seem easy (simply fill out the form and voila! - your tenant is out), events do not always unfold as smoothly as you had hoped. If you are unsure of the termination and/or eviction process at any point, you may wish to hire a Kentucky landlord tenant attorney. Be sure to see Questions to Ask Your Kentucky Evictions Lawyerbelow when speaking with an attorney.
Self-Help Evictions in Kentucky
It is unlawful in Kentucky to resort to self-help to evict a tenant. Under Kentucky Rev. Stat. 383.640, if a landlord turns off the utilities, the tenant is entitled to:
- Actual damages; and
- Rent reduction.
If the property is located in a place covered by the Uniform Residential Landlord and Tenant Act, the tenant may be entitled to:
- Damages equaling 3 months' rent; and
- Attorney's fees.
Questions to Ask Your Kentucky Evictions Lawyer
- How many evictions cases have you handled?
- How many were successful/unsuccessful?
- How long will the eviction process take?
- For tenants: How long do I have before I MUST move out?
- For landlords: Will I be able to get a judgment for back rent for the amount of time the tenant has been living in the rental property illegally?
- What do you charge?
- For landlords: If I hire you, will I be subject to the Fair Debt Collection Practices Act (FDCPA)?