Articles — tenants

Unauthorized Occupants: The Hardest Eviction To Win

Posted by Stephen Marshall on

Unauthorized Occupants: The Hardest Eviction To Win

“There he is again! This is the fourth day in row!” Becky says, as she notices a tall red-haired man leaving Unit 58. The man gets in his car and drives off, presumably going to work. Becky manages a 90-unit apartment complex, which is small enough that she knows most of her tenants fairly well and is able to keep up with the latest news around the property. While there have been no major issues lately at the property, Becky keeps noticing this tall red-haired man leaving Unit 58 each morning. Her tenants have told her that the man comes...

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Lessons from Eviction Court: Don't Make Oral Agreements with Tenants

Posted by Stephen Marshall on

Lessons from Eviction Court: Don't Make Oral Agreements with Tenants

Today’s Lesson from Eviction Court demonstrates the old adage that “no good deed goes unpunished”. For most landlords, any time a tenant becomes past due on the rental payment, a notice is sent advising the tenant that if the payment is not made within a certain number of days, depending on the applicable lease and law, the tenancy will be terminated. In some cases, the tenant pays the rent and the problem is solved. In other cases, the tenant moves out and the problem is partly solved. In still other cases, the tenant fails to pay and the landlord files...

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Lessons from Eviction Court: Help Your Officer Serve Your Eviction

Posted by Stephen Marshall on

Lessons from Eviction Court: Help Your Officer Serve Your Eviction

I recently encountered an interesting situation in eviction court that provided an opportunity for clarification on the best practices for evictions. The tenant being evicted lived in a building containing multiple units. The building had access doors in the front and rear. Each access door was locked, but had a coded entry pad. When the tenant failed to pay the monthly rent, the landlord taped a notice on the door of the tenant’s rental unit indicating that the tenant would be evicted if the rent was not paid in full. When the tenant failed to pay within the proper time...

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Why I Support Adopting the URLTA Statewide

Posted by Stephen Marshall on

Why I Support Adopting the URLTA Statewide

As everyone who’s watched Kentucky Evictions from A-Z knows, the Uniform Residential Landlord Tenant Act (URLTA) is an odd piece of legislation. It was passed into law by the state legislature, but it only applies in a particular city or county when it is adopted by that city or county’s government. As a result, the URLTA only applies in 19 jurisdictions in Kentucky. For a complete list, check out this article.  HB 380 Last week, a bill was filed in the state House of Representatives to change that. House Bill (HB) 380 amends the URLTA to make it apply to...

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The Road to Fair Housing Violations is Paved with Good Intentions

Posted by Stephen Marshall on

The Road to Fair Housing Violations is Paved with Good Intentions

THE ISSUES Kelsey has managed rental property for many years. For the last 10 years, she has been with a small apartment community with 28 units. The property has two buildings, one in the front and one in the back of the property. During Kelsey's early years at the property, she had several residents complain that cars were speeding in the parking lot. Apparently, several of the offenders had nearly hit some children playing near the front building. Kelsey followed up on the complaints and did her best to identify the speeding vehicles, but she could never pin the offense on any...

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