Articles — CARES Act

Well, it’s July 1, the day we had all hoped that the state would be open for eviction filings based on nonpayment of rent. But, sadly, that is not the case. For a while now my prediction has been that the Governor will open things up in late July or early August. And that the courts would follow suit shortly thereafter. I’m becoming less confident by the day that that will. My lack of confidence is not based on any hard evidence, but it is based on rumblings that I’m getting from people in contact with the Governor’s office.  Lawsuit against the...

As expected, the Courts opened in Kentucky on June 1. Both the Governor and the Kentucky Supreme Court are allowing evictions to go forward as long as they’re not based on failure to pay rent. For the most part, local courts throughout the state are accepting filings in accordance with those orders. I have 10-12 cases scheduled for hearing in and around Fayette County over the next few days. So, things are moving again. A few reminders on what is currently allowed: Your eviction must be based on lease violations, expirations, or non-renewals that are NOT connected to the tenant’s...

  We’re steaming towards June 1, the day that the Supreme Court has said that the Courts may open back up. And the question on everyone’s mind is “When can we file evictions?” So, here’s a video on where things stand right now and what we can expect in the days ahead. On May 8, the Governor issued an Executive Order allowing all evictions to move forward except those based on non-payment of rent at residential properties. So, according to the Governor, any eviction at a commercial property may move forward and evictions at residential properties may move forward if...

June 1 is rapidly approaching, and it appears that courts throughout the state of Kentucky will re-open on a limited basis at that time. On Friday, May 15, the Kentucky Supreme Court issued an order that addressed the re-opening of the court. The Order states that, effective June 1, the courts are to resume hearing civil and criminal matters using available technology to conduct proceedings remotely. If the judge determines that a matter requires in-person attendance, the following guidelines must be followed: Courtrooms will operate at 33% capacity High-risk individuals must be allowed to participate remotely Social distancing must be...

So here we are at the end of March. Rent and mortgage payments will come due in a couple of days. According to the most recent polling, one-third (1/3) of Americans have lost their jobs or been laid off and one-half report that they’ve had either a pay cut or reduced hours. So, we’re looking at over 70% of the population that has less income than usual, some of which may have ZERO income. Here's a video with my thoughts on things to consider as you try to work with tenants, as well as an update on court closures. COURT...