Articles — evictions

Update on Eviction Court Procedures and a Lawsuit Challenging the CDC Regulation

Posted by Stephen Marshall on

Update on Eviction Court Procedures and a Lawsuit Challenging the CDC Regulation

We have four agenda items today: New eviction court procedures that took effect on Monday.  How judges are handling signed CDC forms.  Frequently Asked Questions  Lawsuit Challenging the CDC regulation.  New Eviction Court Procedures On Monday, September 21, the recent Kentucky Supreme Court order on eviction procedures in nonpayment cases took effect. Remember, this only applies to cases where the only basis for the eviction is nonpayment of rent. Evictions for other reasons are being handled in the usual manner. But, for nonpayment cases, here’s how the process is actually playing out: On the first court appearance, if the tenant fails...

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The CDC Eviction Moratorium, Notices, Late Fees, and Rental Assistance

Posted by Stephen Marshall on

The CDC Eviction Moratorium, Notices, Late Fees, and Rental Assistance

The flurry of activity last week created tremendous uncertainty out there surrounding evictions. I’m glad to say that some of that has been cleared up, at least momentarily. Here’s where we stand: On Friday, September 4, the CDC regulation took effect. It prohibits evictions based on nonpayment of rent or fees through December 31, 2020, for any tenant who declares under penalty of perjury that: They have used best efforts to obtain all available government assistance for rent or housing; They (i) expect to earn no more than $99,000 in income for 2020, (ii) were not required to report any...

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An Update on the CDC's Eviction Moratorium

Posted by Stephen Marshall on

An Update on the CDC's Eviction Moratorium

The last two weeks have been like a bar fight for landlords. Sucker punch from the Governor, jab from the Kentucky Supreme Court, and now a right hook from the President. It’s all enough to make rental owners want to throw in the towel and sell their properties. For those of you hanging in there, here’s the latest: On Tuesday the Center for Disease Control issued an administrative regulation, which has the effect of law, banning certain evictions for the remainder of 2020. The stated purpose for the order is to prevent the spread of COVID-19, and it’s based on a...

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A New Eviction Process, Questions about Late Fees, and Two Lawsuits to Watch

Posted by Stephen Marshall on

A New Eviction Process, Questions about Late Fees, and Two Lawsuits to Watch

  So, the hits just keep on coming. After the Governor signed a new Executive Order on evictions on eviction on August 24, we got news on Friday that the Kentucky Supreme Court had issued a new order on evictions as well. You can read the order here. The section on eviction begins on Page Five. The Supreme Court’s Order does two very important things: It makes clear that CARES Act properties must continue to give 30-day notices to pay or vacate. Prior to the Governor’s Order last week, most within the legal community assumed that the 30-day notice requirement...

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The Governor's Newest Executive Order on Evictions

Posted by Stephen Marshall on

The Governor's Newest Executive Order on Evictions

It’s been a wild week already. Non-payment eviction cases resumed in the courts, eviction protests broke out (kind of), at least one judge’s home was vandalized, and the Governor signed a new Executive Order on evictions. Let’s take a look at all of it. Non-payment of Rent Cases in Court Non-payment of rent cases resumed in the Courts on Monday. The Supreme Court’s order in late July allowed non-payment evictions to be filed beginning on August 1. The courts then started putting non-payment cases on the docket that had been filed back in March, but had not been heard prior...

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