Articles — evictions

Eviction Update and CARES Act Lawsuit (July 1)

Posted by Stephen Marshall on

Eviction Update and CARES Act Lawsuit (July 1)

Well, it’s July 1, the day we had all hoped that the state would be open for eviction filings based on nonpayment of rent. But, sadly, that is not the case. For a while now my prediction has been that the Governor will open things up in late July or early August. And that the courts would follow suit shortly thereafter. I’m becoming less confident by the day that that will. My lack of confidence is not based on any hard evidence, but it is based on rumblings that I’m getting from people in contact with the Governor’s office.  Lawsuit against the...

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Evictions, Court, and Pool Updates (June 22)

Posted by Stephen Marshall on

Evictions, Court, and Pool Updates (June 22)

Summertime is officially here, so I thought I'd give a quick update on non-payment evictions, CARES Act lawsuits, pool opening guidelines, and rent numbers for June. Enjoy! Non-Payment of Rent Evictions As I noted in my last post, there is NO stated deadline at the moment for when we can file evictions based on non-payment of rent. I know that there’s a lot of bad information out there on the topic right now, so I wanted to reaffirm what I’ve told you before on two points: Evictions at residential properties based on failure to pay are still prohibited. That includes...

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Court and Eviction Update (June 10)

Posted by Stephen Marshall on

Court and Eviction Update (June 10)

As expected, the Courts opened in Kentucky on June 1. Both the Governor and the Kentucky Supreme Court are allowing evictions to go forward as long as they’re not based on failure to pay rent. For the most part, local courts throughout the state are accepting filings in accordance with those orders. I have 10-12 cases scheduled for hearing in and around Fayette County over the next few days. So, things are moving again. A few reminders on what is currently allowed: Your eviction must be based on lease violations, expirations, or non-renewals that are NOT connected to the tenant’s...

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Update on Court Openings and Eviction Filings on June 1

Posted by Stephen Marshall on

Update on Court Openings and Eviction Filings on June 1

  We’re steaming towards June 1, the day that the Supreme Court has said that the Courts may open back up. And the question on everyone’s mind is “When can we file evictions?” So, here’s a video on where things stand right now and what we can expect in the days ahead. On May 8, the Governor issued an Executive Order allowing all evictions to move forward except those based on non-payment of rent at residential properties. So, according to the Governor, any eviction at a commercial property may move forward and evictions at residential properties may move forward if...

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The CARES Act and Evictions: What Landlords Need to Know

Posted by Stephen Marshall on

The CARES Act and Evictions: What Landlords Need to Know

June 1 is rapidly approaching, and it appears that courts throughout the state of Kentucky will re-open on a limited basis at that time. On Friday, May 15, the Kentucky Supreme Court issued an order that addressed the re-opening of the court. The Order states that, effective June 1, the courts are to resume hearing civil and criminal matters using available technology to conduct proceedings remotely. If the judge determines that a matter requires in-person attendance, the following guidelines must be followed: Courtrooms will operate at 33% capacity High-risk individuals must be allowed to participate remotely Social distancing must be...

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