A New Notice for Non-Paying Tenants and a Program to Reduce Evictions

Posted by Stephen Marshall on

The only thing that stays the same is that everything changes. We've had more changes this week. But with new obstacles come new solutions. Check out the video to find out more or keep reading below.

Court Closures Extended

On Tuesday the Kentucky Supreme Court announced that it was extending the statewide court closures through May 31. In addition, no eviction filings will be accepted for 30 days after that. So we’re looking at July 1 at the earliest to file evictions.

Notices to Pay or Vacate Discouraged

I’m being told that the Governor’s office considers the delivery of Notices to Pay or Vacate to be part of the eviction process. As a result, they do not want such notices to be delivered while evictions are suspended. Now, that’s not clearly stated in the Governor's Order, so do with it what you will. Still, my advice is always to take unnecessary issues off the table. So, I would not issue such notices during April and May. But, until I hear otherwise, my advice is to still send such notices in June. That will get you ready to file an eviction in July.

Notice of Clarification to Tenants

Apparently there are a number of tenants who believe they legally do not have to pay rent. They think the Governor has suspended their duty to pay. I’m getting a number of calls about what to do with that. And I’ve created a solution. I’ve put together a notice that you can issue to tenants who have either been unresponsive or have outright stated that they don’t have to pay rent.

This notice clearly outlines what the Governor has and has not said about that issue. I’m making it available upon request for $100.00. You can use it for all of your tenants who have not paid. Just shoot me an e-mail to smarshall@tripleslaw.com, along with your billing address and I’ll get it to you. I believe it will be a solid investment that will put additional money in your pocket from tenants who haven’t paid.

A New Program to Reduce Evictions

Finally, the Lexington Fair Housing Council recently received a grant from the federal government. They intend to use some of that money to prevent a flood of evictions once the courts open up. We don’t know the details yet, but they’re considering providing rental assistance and mediating cases where tenants have not paid their rent.

They are looking for feedback from landlords on making this work. So, shoot me an e-mail and let me know (a) what things the Council should be looking for in the tenants they try to help and (b) any suggestions for making this work the best for all parties.

WKYT Story

If you're not tired of listening to my voice, here's a link to a recent WKYT story on evictions. You'll see a few sound bytes from this country boy. 

I hope you're all hanging in there. Let me know if you want one of the notices I mentioned above or if I can help in any way. 

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