Articles — Kentucky Supreme Court

Update on Eviction Court Procedures and a Lawsuit Challenging the CDC Regulation

Posted by Stephen Marshall on

Update on Eviction Court Procedures and a Lawsuit Challenging the CDC Regulation

We have four agenda items today: New eviction court procedures that took effect on Monday.  How judges are handling signed CDC forms.  Frequently Asked Questions  Lawsuit Challenging the CDC regulation.  New Eviction Court Procedures On Monday, September 21, the recent Kentucky Supreme Court order on eviction procedures in nonpayment cases took effect. Remember, this only applies to cases where the only basis for the eviction is nonpayment of rent. Evictions for other reasons are being handled in the usual manner. But, for nonpayment cases, here’s how the process is actually playing out: On the first court appearance, if the tenant fails...

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A New Eviction Process, Questions about Late Fees, and Two Lawsuits to Watch

Posted by Stephen Marshall on

A New Eviction Process, Questions about Late Fees, and Two Lawsuits to Watch

  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...

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Logistical Issues for Upcoming Nonpayment Evictions

Posted by Stephen Marshall on

Logistical Issues for Upcoming Nonpayment Evictions

We’re a few days into the aftermath of the recent order from the Kentucky Supreme Court allowing nonpayment evictions to move forward as of August 1. That news has a lot of rental owners and managers scrambling to get notices out to tenants to pay or vacate. So, I wanted to address some logistical issues and questions that I’m getting. The new order requires all properties covered by the CARES Act to give 30-day notices to pay or vacate. There is an argument under the CARES Act that this 30-day notice requirement ONLY applies to rent that was due from...

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New KY Supreme Court Order - Nonpayment Evictions May Proceed on August 1

Posted by Stephen Marshall on

New KY Supreme Court Order - Nonpayment Evictions May Proceed on August 1

Well, the rental industry got an unexpected bit of good news today when the Kentucky Supreme Court issued a new order allowing all evictions to proceed as of August 1, under the following terms: All properties covered by the CARES Act must first issue a 30-day notice to vacate. If you’re not sure if your property is covered, make sure to read this post. I’ve also included multiple searchable databases on the front page of the site at the bottom that will help you make that determination. All eviction filings must have a Verification of Compliance form attached to them....

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