Articles

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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Revisions to Kentucky's Assistance Animal Law (KRS 383.085): What Landlords Need to Know

Posted by Stephen Marshall on

Revisions to Kentucky's Assistance Animal Law (KRS 383.085): What Landlords Need to Know

Anyone who has been paying attention in the rental industry over the past few years is aware of the explosion of requests for Assistance Animals by tenants and those seeking to live in rental housing. While such requests used to limited to those with physical disabilities seeking to have their service dog live with them to guide their path, pull their wheelchair, or alert them to an oncoming seizure, most requests today are for Emotional Support Animals.  Such animals are typically untrained, with the theory being that their very presence alleviates the symptoms of a mental or emotional disability. Due...

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The Eviction Appeal

Posted by Stephen Marshall on

The Eviction Appeal

Most landlords and property managers who have been to eviction court know that, when the judge enters a judgment of eviction, the tenant has seven days to vacate the rental unit. However, the lesser-known fact is that the tenant has another option within that seven-day window: to file an appeal to the local Circuit Court. Step One: Notice of Appeal In order to file an appeal, a tenant needs only to file a written document with the court notifying the court that he wishes to appeal the eviction and pay an appeal fee. This appeal fee can be waived by...

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Dealing with Public Nuisance Ordinances

Posted by Stephen Marshall on

Dealing with Public Nuisance Ordinances

“This can’t be happening!”, John said, as he opened the mail and read the letter inside. John and his wife, Becky, had just endured a rough few months with their last tenants. The tenants had gotten arrested a few months ago for Possession of Marijuana. John and Becky learned of the arrested when they received a letter one day from the local police department that was titled Public Nuisance Warning. The letter notified them of the arrest of their tenants and told them that if it happened more than twice in year that they could be fined and their property...

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How to Non-Renew a Lease

Posted by Stephen Marshall on

How to Non-Renew a Lease

I’ve gotten a lot of questions recently about a landlord’s ability to refuse to renew a lease, and it seems like there’s a lot of misinformation out there. Most landlords have heard that they can “non-renew a lease for any reason” or that they “don’t have to give a reason”. Both statements are partly true, but don’t tell the entire story. That’s my goal today. Unless the lease says otherwise, a landlord is free to refuse to renew a lease for any reason that is (1) non-discriminatory and (2) non-retaliatory. In other words, you can refuse to renew a lease...

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