Articles — Covid-19

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...

Well, the rental industry got an unexpected bit of good news today when the Kentucky Supreme Court issued a new order allowing all evictions to proceed as of August 1, under the following terms: All properties covered by the CARES Act must first issue a 30-day notice to vacate. If you’re not sure if your property is covered, make sure to read this post. I’ve also included multiple searchable databases on the front page of the site at the bottom that will help you make that determination. All eviction filings must have a Verification of Compliance form attached to them....

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...

This week has been a whirlwind of activity. Let’s start at the beginning. Lawsuit against the Governor to Allow Evictions for Failure to Pay  A few weeks ago I mentioned that a group was contemplating filing a lawsuit against the Governor if things did not open up soon. That lawsuit was filed earlier this week in federal court in Northern Ky. The suit was filed by the Greater Cincinnati Northern Kentucky Apartment Association, and three apartment community owners. The suit was filed against the Governor and the Circuit Court clerks in Boone, Kenton, and Campbell counties. Because the property owners...

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...