Articles — evictions

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...

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...

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...

Hey gang. Hope you’re doing well as we close out 2020 and start our new year. I wanted to give an update on where things stand right now.  New COVID-Relief Package  As most of you know, Congress passed and the President ultimately signed a new relief package. While the details of individual payments are still a bit fluid, here’s what we know about the rental issues in the package:  The Bad News - The CDC Eviction Moratorium has been extended through January 31, 2021. This means that any eviction cases that were continued from 2020 into January 2021 will likely...