Articles — forcible detainer
How to Non-Renew a Lease
Posted by Stephen Marshall on
I’ve gotten a lot of questions recently about a landlord’s ability to refuse to renew a lease, and it seems like there’s a lot of misinformation out there. Most landlords have heard that they can “non-renew a lease for any reason” or that they “don’t have to give a reason”. Both statements are partly true, but don’t tell the entire story. That’s my goal today. Unless the lease says otherwise, a landlord is free to refuse to renew a lease for any reason that is (1) non-discriminatory and (2) non-retaliatory. In other words, you can refuse to renew a lease...
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- Tags: forcible detainer, housing discrimination, lease, lease termination, non-renewals, retaliatory eviction
Only a Fool Learns from His Own Mistakes
Posted by Stephen Marshall on
I was in court in central Kentucky this week for a pretty complicated eviction case. There were eight witnesses on my side alone. The judge announced afterward that it was the longest eviction docket in his many years on the bench. After a two-hour hearing, my client had prevailed. However, one of the things that struck me about that day was that I watched three other landlords with much, much, much simpler cases have their evictions dismissed. Each of those cases involved non-payment of rent and, in each case, the dismissal was the result of the landlord failing to give...
A Supreme Letdown: the Latest Supreme Court Opinion on Evictions
Posted by Stephen Marshall on
One week ago, I got really excited while checking Twitter. Actually, that happens every day. For those of you who don’t use Twitter, I highly recommend it if you’re into breaking news. Twitter is where you read about it first. Sorry for the digression. Anyway, I was scrolling through my Twitter feed last Thursday and saw that the Kentucky Supreme Court had issued an opinion in a landlord-tenant case. And not just in a landlord-tenant case, but in a forcible detainer case. I had found a unicorn! Very rarely do the appellate courts publish opinions on residential landlord-tenant cases, and...
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- Tags: evictions, forcible detainer, landlords, lease termination, tenant-at-will, tenants, URLTA
Why Landlords Should Embrace the URLTA
Posted by Stephen Marshall on
“All the laws favor the tenants” is a phrase I hear often in the rental industry. As a Kentucky attorney who only represents landlords, I spend close to 150 days a year in court advocating for landlords, and many hours consulting and giving advice to landlords on how to structure their leases and applications, and how to deal with their tenants. While my practice is located near two jurisdictions that have adopted the URLTA (Lexington and Georgetown), I do plenty of work in surrounding counties that have not. As a result, I have had to develop expertise in landlord-tenant relationships...
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- Tags: evictions, forcible detainer, landlords, lease violations, legislation, notice, tenants, URLTA
Lessons from Eviction Court: Don't Make Oral Agreements with Tenants
Posted by Stephen Marshall on
Today’s Lesson from Eviction Court demonstrates the old adage that “no good deed goes unpunished”. For most landlords, any time a tenant becomes past due on the rental payment, a notice is sent advising the tenant that if the payment is not made within a certain number of days, depending on the applicable lease and law, the tenancy will be terminated. In some cases, the tenant pays the rent and the problem is solved. In other cases, the tenant moves out and the problem is partly solved. In still other cases, the tenant fails to pay and the landlord files...
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- Tags: evictions, forcible detainer, landlords, tenants