Articles — landlords

Lessons from Eviction Court: Don't Buy The Boat

Posted by Stephen Marshall on

Lessons from Eviction Court: Don't Buy The Boat

There’s an old saying that the two happiest days of a boat-owner’s life are the day he buys the boat and the day he sells it. The warning implied is that most people have no idea of what boat ownership actually entails, so they are relieved when they get rid of its burdens. The same warning applies generally to landlords who try to navigate the rental industry without consulting an attorney, and specifically to those that sue their tenants without seeking the advice of counsel. Many landlords, out of principle or outright anger, end up suing their tenants for damages,...

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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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Lessons from Eviction Court: Don't Make Oral Agreements with Tenants

Posted by Stephen Marshall on

Lessons from Eviction Court: Don't Make Oral Agreements with Tenants

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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Lessons from Eviction Court: Help Your Officer Serve Your Eviction

Posted by Stephen Marshall on

Lessons from Eviction Court: Help Your Officer Serve Your Eviction

I recently encountered an interesting situation in eviction court that provided an opportunity for clarification on the best practices for evictions. The tenant being evicted lived in a building containing multiple units. The building had access doors in the front and rear. Each access door was locked, but had a coded entry pad. When the tenant failed to pay the monthly rent, the landlord taped a notice on the door of the tenant’s rental unit indicating that the tenant would be evicted if the rent was not paid in full. When the tenant failed to pay within the proper time...

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Why I Support Adopting the URLTA Statewide

Posted by Stephen Marshall on

Why I Support Adopting the URLTA Statewide

As everyone who’s watched Kentucky Evictions from A-Z knows, the Uniform Residential Landlord Tenant Act (URLTA) is an odd piece of legislation. It was passed into law by the state legislature, but it only applies in a particular city or county when it is adopted by that city or county’s government. As a result, the URLTA only applies in 19 jurisdictions in Kentucky. For a complete list, check out this article.  HB 380 Last week, a bill was filed in the state House of Representatives to change that. House Bill (HB) 380 amends the URLTA to make it apply to...

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