Articles — evictions

The flurry of activity last week created tremendous uncertainty out there surrounding evictions. I’m glad to say that some of that has been cleared up, at least momentarily. Here’s where we stand: On Friday, September 4, the CDC regulation took effect. It prohibits evictions based on nonpayment of rent or fees through December 31, 2020, for any tenant who declares under penalty of perjury that: They have used best efforts to obtain all available government assistance for rent or housing; They (i) expect to earn no more than $99,000 in income for 2020, (ii) were not required to report any...

The last two weeks have been like a bar fight for landlords. Sucker punch from the Governor, jab from the Kentucky Supreme Court, and now a right hook from the President. It’s all enough to make rental owners want to throw in the towel and sell their properties. For those of you hanging in there, here’s the latest: On Tuesday the Center for Disease Control issued an administrative regulation, which has the effect of law, banning certain evictions for the remainder of 2020. The stated purpose for the order is to prevent the spread of COVID-19, and it’s based on a...

  So, the hits just keep on coming. After the Governor signed a new Executive Order on evictions on eviction on August 24, we got news on Friday that the Kentucky Supreme Court had issued a new order on evictions as well. You can read the order here. The section on eviction begins on Page Five. The Supreme Court’s Order does two very important things: It makes clear that CARES Act properties must continue to give 30-day notices to pay or vacate. Prior to the Governor’s Order last week, most within the legal community assumed that the 30-day notice requirement...

It’s been a wild week already. Non-payment eviction cases resumed in the courts, eviction protests broke out (kind of), at least one judge’s home was vandalized, and the Governor signed a new Executive Order on evictions. Let’s take a look at all of it. Non-payment of Rent Cases in Court Non-payment of rent cases resumed in the Courts on Monday. The Supreme Court’s order in late July allowed non-payment evictions to be filed beginning on August 1. The courts then started putting non-payment cases on the docket that had been filed back in March, but had not been heard prior...

In most parts of the state, the courts are accepting eviction filings, so I wanted to give an update on what I’m seeing and hearing: Some counties (Clark, Madison, Mercer) are interpreting the Kentucky Supreme Court’s order allowing evictions to proceed as requiring ALL landlords to give a 30-day notice prior to filing an eviction. I think that is the wrong interpretation of the order, as the 30-day language in the order is only mentioned in connection with the CARES Act. What’s more, if every property was required to give a 30-day notice, there would be no reason to also...