Articles — 30-day notice to vacate

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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