Articles — eviction notice

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...

We don't get much case law in the landlord-tenant arena. It's usually too expensive for either side to appeal their case up to the Kentucky Court of Appeals or Kentucky Supreme Court. So landlords, tenants, and their attorneys are left trying to guess how their local judges will interpret the statutes that we have. But we got some additional clarification last month in the case of Young v. House, which originated in Pulaski District Court. You can read the full opinion here. The Case: Young v. House The lease in this case had expired, and the tenants were renting the property month-to-month. Rent was...

MORE PROPOSED LANDLORD LEGISLATION There’s been a flurry of activity at our state legislature recently, with several new bills being filed that would impact the rental industry. Several of them repetitive, mirroring bills already filed in the other legislative chamber. And most of them are bad. Let’s take a look. LEGISLATIVE UPDATE  Senate Bill 289 – This bill is sponsored by Senator Reggie Thomas from Lexington. It would allow tenants to expunge any eviction judgment based on nonpayment of rent during the Covid-19 pandemic, beginning March 6, 2020. You can read the bill at this link. Senate Bill 357 –...

A NEW YEAR’S PRIMER ON EVICTIONS  Happy New Year, everyone. It’s always good to see a new year because it means you’re still in the game.  At the beginning of each year, I like to do a refresher course on evictions, but rising Covid numbers has put a damper on that. I may do it later in the year. But I wanted to put a few reminders out that will help make your eviction cases more successful.  PAY ATTENTION TO YOUR NOTICES  Evictions are all about getting the details right, and that starts with your notices.  Get the names and...

THE US SUPREME COURT STRIKES DOWN THE CDC EVICTION MORATORIUM  In late July, I told you that the CDC eviction moratorium was set to expire on July 31 unless Congress renewed it. And it did expire. For three days. On August 3, the CDC issued a new moratorium that they claimed was “targeted” and “limited”, even though it still applied to 90% of tenants. But yesterday, almost one year after the CDC instituted its eviction moratorium, the United States Supreme Court, the highest court in the land, effectively struck it down. To read the Supreme Court’s opinion, click here.  THE...