Articles — evictions
Summer Update (Source of Income, Swimming Pools, and CARES Act Notices)
Posted by Stephen Marshall on
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...
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- Tags: 30-day notice to vacate, CARES Act, discriminatory effects, disparate impact, eviction, eviction notice, evictions, source of income discrimination, state legislation, swimming pools
Update on Eviction Notice Requirements in Lexington
Posted by Stephen Marshall on
In this post in late October I let you know that a Legal Aid attorney filed a motion in one of my eviction cases arguing that the CARES Act is still alive and requires certain housing providers to give 30-day notices. Since then, two Fayette District Court judges have ruled that the CARES Act does NOT apply and seven-day notices to pay or vacate are acceptable. However, on January 26, one of the five Fayette District Court judges ruled differently, holding that the CARES Act still requires 30-day notices to pay or vacate. So, as of January 30, here’s where...
The CARES Act and Section 8 Legislation
Posted by Stephen Marshall on
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- Tags: 30-day notice to vacate, CARES Act, evictions, Kentucky Supreme Court, Section 8, source of income discrimination
Major Change to Eviction Filings
Posted by Stephen Marshall on
On April 18, 2023, the Kentucky Supreme Court issued an order requiring all Forcible Detainer cases to be electronically filed using the Court’s e-Filing system, effectively July 1, 2023. While that may make the process simpler in the long run, we expect significant issues during the roll-out process. Simply put, the court’s e-Filing system is not set up yet for mass filings, so it may take longer than usual to get cases filed. We are working with the Clerk’s office and the Administrative Office of the Courts to get changes made to the system that will allow cases to continue...
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- Tags: electronic filing, evictions
10 Eviction Tips
Posted by Stephen Marshall on
I've written a lot about evictions, but most of it has focused on what to do prior to filing your case. Here are 10 things you should do (or avoid doing) after filing your eviction case that will give you the best chance of winning your case. Do not send any more notices. Once you’ve sent the case for filing, only bad things can happen if you send new notices. Pay special attention to any software that might auto-generate a notice each month. Make sure the person who gave the notice appears in court. This is the best way to...