Articles — evictions

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...

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...

On May 3 I joined Dave Krusenklaus on WVLK to discuss evictions and Tenant Bill of Rights issues. You can listen to the episode below.

I'm gonna keep it short today. Here are a 10 missteps that could derail your eviction case. You're only as strong as your weakest link, so make sure everyone on your staff knows these rules. Once you've filed an eviction, don't send any more notices. Pay special attention to any software that might auto-generate a notice each month. Make sure you terminate a month-to-month lease at the end of a rental period. Don't accept rent after issuing a termination notice for a material lease violation. Don't accept rent after a deadline to vacate when non-renewing a lease or month-to-month tenancy. Don't...

RENTAL ASSISTANCE UPDATE Lexington's rental assistance program has become much more landlord-friendly. The Housing Stabilization Program has removed the 45-day waiting period and the 30-day notice requirement from its settlement agreements. This means that if your tenant receives assistance but fails to resume paying rent once the money runs out, you may proceed to give your usual notice to pay or vacate immediately rather than waiting for 45 days then giving a 30-day notice. This is good news that should encourage more landlords to participate in the program and get their rent paid. The settlement agreement still requires that you...