Articles — Kentucky Supreme Court

The Latest COVID Relief Package: What Landlords Need to Know

Posted by Stephen Marshall on

The Latest COVID Relief Package: What Landlords Need to Know

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...

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The Governor's New Executive Order, Eviction Settlement Agreements, and How to Become a ZOOM Eviction Expert

Posted by Stephen Marshall on

The Governor's New Executive Order, Eviction Settlement Agreements, and How to Become a ZOOM Eviction Expert

Governor’s Executive Order As most of you know, for the first time in a long time, the Governor issued a new Executive Order yesterday with mandates. The Governor’s most recent mode of operation had been to issue recommendations, rather than mandates, but yesterday’s order was a mandate. You can read the entire order here. Fortunately, there’s not much in the order that will affect the rental industry. Most property management offices have been deemed to be essential services, so I do not believe that the 33% office requirement applies to you. However, I do think you’ll need to reduce capacity...

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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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