10 Eviction Mistakes

Posted by Stephen Marshall on

I'm gonna keep it short today. Here are a 10 missteps that could derail your eviction case. You're only as strong as your weakest link, so make sure everyone on your staff knows these rules.

  1. Once you've filed an eviction, don't send any more notices. Pay special attention to any software that might auto-generate a notice each month.
  2. Make sure you terminate a month-to-month lease at the end of a rental period.
  3. Don't accept rent after issuing a termination notice for a material lease violation.
  4. Don't accept rent after a deadline to vacate when non-renewing a lease or month-to-month tenancy.
  5. Don't hold payments. If the amount a tenant gives you is not enough to allow them to stay, return the payment and tell them to return when they get the amount you want. But don't hold the payment.
  6. Don't make agreements with your tenant that are not in writing.
  7. If a tenant drops off a payment that you do not wish to accept, return it immediately with a note that the payment is not being accepted because it is late, partial, etc.
  8. Bring the lease, the notice, and payment ledger to court. Every single time.
  9. Make sure your notices (a) are dated, (b) explain what the tenant did wrong, (c) explain what the tenant must do to correct the problem, (d) state the time frame for correcting the problem, and (e) state the consequence for not correcting the problem.
  10. Don't file the case prior to the deadline in the notice. The Kentucky Supreme Court has made it clear that such cases must be dismissed, even if the court date is after the deadline.
That's it for today. If you'd like to work together or need a lease package, reach out to me at smarshall@tripleslaw.com or (859) 685-0035. Have a great day!

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