Articles — 30-day notice to vacate

Summer Update (Source of Income, Swimming Pools, and CARES Act Notices)

Posted by Stephen Marshall on

Summer Update (Source of Income, Swimming Pools, and CARES Act Notices)

Howdy, gang. It’s been a while, but I’m back with a few updates on issues that are important in the landlord-tenant space. We’re going to look at three topics today: The state of the law on Source of Income New swimming pool legislation Notice requirements for CARES Act properties The state of the law on Source of Income As most of you know, the city of Louisville passed a local ordinance in 2021 that required housing providers to accept Section 8 vouchers for tenants who otherwise meet the provider’s Tenant Selection Policy. Early in 2024, Lexington’s city government did the...

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Update on Eviction Notice Requirements in Lexington

Posted by Stephen Marshall on

Update on Eviction Notice Requirements in Lexington

In this post in late October I let you know that a Legal Aid attorney filed a motion in one of my eviction cases arguing that the CARES Act is still alive and requires certain housing providers to give 30-day notices. Since then, two Fayette District Court judges have ruled that the CARES Act does NOT apply and seven-day notices to pay or vacate are acceptable. However, on January 26, one of the five Fayette District Court judges ruled differently, holding that the CARES Act still requires 30-day notices to pay or vacate. So, as of January 30, here’s where...

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The CARES Act and Section 8 Legislation

Posted by Stephen Marshall on

The CARES Act and Section 8 Legislation

Could it be that the CARES Act 30-day notice requirement is still alive? That's what some tenant attorneys are arguing. If that argument is accepted, it's yet another reason to oppose Lexington's Section 8 ordinance. See the video for more details.

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New HUD Guidance on CARES Act Notices

Posted by Stephen Marshall on

New HUD Guidance on CARES Act Notices

THE CARES ACT - RESURRECTED?  In my March 1 update, I told you about a new rule issued by the Kentucky Supreme Court that allowed evictions throughout the state to move forward as of April 1 without regard to the CARES Act. Verification Forms are no longer required and the Court made no mention of issuing 30-day notices at CARES Act properties.   Based on that development, my advice was that CARES Act properties no longer have to issue 30-day notices in Kentucky. However, HUD has apparently gotten wind that numerous states are doing away with the 30-day notice requirement, so...

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Logistical Issues for Upcoming Nonpayment Evictions

Posted by Stephen Marshall on

Logistical Issues for Upcoming Nonpayment Evictions

We’re a few days into the aftermath of the recent order from the Kentucky Supreme Court allowing nonpayment evictions to move forward as of August 1. That news has a lot of rental owners and managers scrambling to get notices out to tenants to pay or vacate. So, I wanted to address some logistical issues and questions that I’m getting. The new order requires all properties covered by the CARES Act to give 30-day notices to pay or vacate. There is an argument under the CARES Act that this 30-day notice requirement ONLY applies to rent that was due from...

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