Articles — lease violations

The Tenant's Bill of Rights

Posted by Stephen Marshall on

The Tenant's Bill of Rights

There's been a lot of talk in Lexington about adopting a set of proposals being called the "Tenant's Bill of Rights". That talk sounds good. We're all in favor of rights for everyone - so why not rights for tenants? No one in history worth remembering ever opposes a "bill of rights", right? This crusade is an excellent example of framing an issue to gain sympathy and support from those who don't have the time or the interest to look further into the issues. But here's the truth of the matter: tenants in Lexington already have a "bill of rights"....

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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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Unauthorized Occupants: The Hardest Eviction To Win

Posted by Stephen Marshall on

Unauthorized Occupants: The Hardest Eviction To Win

“There he is again! This is the fourth day in row!” Becky says, as she notices a tall red-haired man leaving Unit 58. The man gets in his car and drives off, presumably going to work. Becky manages a 90-unit apartment complex, which is small enough that she knows most of her tenants fairly well and is able to keep up with the latest news around the property. While there have been no major issues lately at the property, Becky keeps noticing this tall red-haired man leaving Unit 58 each morning. Her tenants have told her that the man comes...

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