Articles — CARES Act

Governor’s Executive Order As most of you know, for the first time in a long time, the Governor issued a new Executive Order yesterday with mandates. The Governor’s most recent mode of operation had been to issue recommendations, rather than mandates, but yesterday’s order was a mandate. You can read the entire order here. Fortunately, there’s not much in the order that will affect the rental industry. Most property management offices have been deemed to be essential services, so I do not believe that the 33% office requirement applies to you. However, I do think you’ll need to reduce capacity...

  There’s been a lot that has happened since my last update, so let’s get right to it. BURYING THE CARES ACT First, I wanted to give a quick reminder that starting on April 1 the Kentucky Supreme Court is allowing evictions to proceed without regard to the CARES Act. That means two things: You no longer need to file a Verification of Compliance form with your eviction; and You may resume giving your usual notice to pay or vacate. For those of you in URLTA areas, you’d give a seven-day notice to pay or vacate unless your lease requires...

In most parts of the state, the courts are accepting eviction filings, so I wanted to give an update on what I’m seeing and hearing: Some counties (Clark, Madison, Mercer) are interpreting the Kentucky Supreme Court’s order allowing evictions to proceed as requiring ALL landlords to give a 30-day notice prior to filing an eviction. I think that is the wrong interpretation of the order, as the 30-day language in the order is only mentioned in connection with the CARES Act. What’s more, if every property was required to give a 30-day notice, there would be no reason to also...

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...

In a few short days, July 25, the CARES Act will expire. Once it expires, landlords at properties who were covered by it will be allowed to begin charging late fees for rent accruing after it expires. What won’t happen, unless something changes, is the ability to file evictions based on the tenant’s failure to pay rent. Even though the CARES Act eviction moratorium will expire with it at the end of the day on July 25, we still have a statewide eviction moratorium based on orders of the Governor and the Kentucky Supreme Court. Despite my best efforts (and...