Articles — partial payments

Solving the CDC's Partial Payment Dilemma

Posted by Stephen Marshall on

Solving the CDC's Partial Payment Dilemma

In my last update I talked about the new procedures in eviction courts throughout the state when the case is based on the tenant’s failure to pay rent. On the first court appearance, if the tenant fails to appear, you will be granted a judgment. If the tenant appears, the judge will advise both parties of the state and local rental assistance options and of the CDC Declaration Form and will reschedule the matter for two weeks. If the tenant signs the CDC Declaration Form, the matter is being rescheduled for January. If the tenant fails to sign the CDC...

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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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Lessons from Eviction Court: Partial Payments, Part III

Posted by Stephen Marshall on

Lessons from Eviction Court: Partial Payments, Part III

Partial payments can be a lifeboat for a landlord who needs the influx of cash or an obstacle that keeps them from getting rid of a problem tenant. I've written a fair amount on this topic before (see here and here), so check out those articles for the complete picture. My observations in court this morning prompted me to cover something that I usually only cover in my Landlord Education Conference on Evictions (usually held in February).  KRS 383.675, which is a part of the URTLA, which applies in 19 areas in Kentucky (see here for the list), prohibits landlords...

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Lessons from Eviction Court: New Thoughts on Partial Payments

Posted by Stephen Marshall on

Lessons from Eviction Court: New Thoughts on Partial Payments

Last January, I published an article, linked here, on dealing with partial payments of rent from tenants. The issue of partial payments is largely governed by KRS 383.675 in URLTA areas. KRS 383.675 reads as follows: Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by him that varies from the terms of the rental agreement constitutes a waiver of the landlord's right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred.  Three Options for Handling Partial Payments In my earlier article I described the three options...

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Lessons from Eviction Court: Dealing with Partial Payments

Posted by Stephen Marshall on

Lessons from Eviction Court: Dealing with Partial Payments

If you’ve read many of my articles on evictions, you know my mantra: Details Matter. A simple miscalculation can easily lead to an eviction case being dismissed, and I see it happen almost every time that I go to court. In eviction cases, sequencing is everything. Here’s the proper sequence in a non-payment of rent case: tenant fails to pay → landlord gives notice → tenant fails to pay → notice expires → landlord files eviction But what happens to our sequence when the tenant wants to make a partial payment? Three Options for Partial Payments In that scenario, the...

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