Articles — lawsuit against Governor Beshear

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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Lawsuits against the Governor, CARES Act expiring, and a Court Ruling on Eviction Procedures

Posted by Stephen Marshall on

Lawsuits against the Governor, CARES Act expiring, and a Court Ruling on Eviction Procedures

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...

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