Articles — evictions

A Response to Claims about Evictions in Lexington

Posted by Stephen Marshall on

A Response to Claims about Evictions in Lexington

A RESPONSE TO THE LEXINGTON FAIR HOUSING COUNCIL’S REPORT ON EVICTIONS  The Lexington Fair Housing Council (hereinafter “the FHC) has recently released a document titled Locked Out: Foreclosure, Eviction and Housing Instability in Lexington, 2005-2016 (hereinafter referred to as “the Report”). The Report was presumably created because the FHC believes that Lexington has a housing instability crisis that has either resulted from, or been perpetuated in large part from, too many evictions and foreclosures. Because of the tone and tenor of the Report, as well as the facts that it addresses issues affecting our association and names certain members of...

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New Case Law on Evicting Month-to-Month Tenants

Posted by Stephen Marshall on

New Case Law on Evicting Month-to-Month Tenants

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...

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KY Supreme Court: No More 14-Day Continuances for Eviction Cases

Posted by Stephen Marshall on

KY Supreme Court: No More 14-Day Continuances for Eviction Cases

 

 

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A Refresher and Update on Evictions

Posted by Stephen Marshall on

A Refresher and Update on Evictions

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...

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The Supreme Court Ends the CDC Eviction Moratorium

Posted by Stephen Marshall on

The Supreme Court Ends the CDC Eviction Moratorium

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...

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