Articles — evictions

In a few short days, July 25, the CARES Act will expire. Once it expires, landlords at properties who were covered by it will be allowed to begin charging late fees for rent accruing after it expires. What won’t happen, unless something changes, is the ability to file evictions based on the tenant’s failure to pay rent. Even though the CARES Act eviction moratorium will expire with it at the end of the day on July 25, we still have a statewide eviction moratorium based on orders of the Governor and the Kentucky Supreme Court. Despite my best efforts (and...

This week has been a whirlwind of activity. Let’s start at the beginning. Lawsuit against the Governor to Allow Evictions for Failure to Pay  A few weeks ago I mentioned that a group was contemplating filing a lawsuit against the Governor if things did not open up soon. That lawsuit was filed earlier this week in federal court in Northern Ky. The suit was filed by the Greater Cincinnati Northern Kentucky Apartment Association, and three apartment community owners. The suit was filed against the Governor and the Circuit Court clerks in Boone, Kenton, and Campbell counties. Because the property owners...

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...

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...

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...