Articles
10 Eviction Tips
Posted by Stephen Marshall on
I've written a lot about evictions, but most of it has focused on what to do prior to filing your case. Here are 10 things you should do (or avoid doing) after filing your eviction case that will give you the best chance of winning your case. Do not send any more notices. Once you’ve sent the case for filing, only bad things can happen if you send new notices. Pay special attention to any software that might auto-generate a notice each month. Make sure the person who gave the notice appears in court. This is the best way to...
New Lease Provisions to Avoid Liens
Posted by Stephen Marshall on
The Kentucky General Assembly recently wrapped up its 2023 Legislative Session. There was no movement on most of the bills that would have been detrimental to rental owners, but one bill was passed into law that is concerning. KRS 376.010 is known as the Mechanic's Lien Statute. You can read it here. It lays out the terms under which a contractor has the right to put a lien on real estate because he provided labor or materials to improve the property but was not paid for his work. Liens were available if the contractor provided the labor or materials under an agreement with...
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- Tags: lease provisions, legislation, liens, materialman's liens, mechanic's liens, state legislation
My Conversation with Kruser on Evictions and Tenant Bill of Rights
Posted by Stephen Marshall on
On May 3 I joined Dave Krusenklaus on WVLK to discuss evictions and Tenant Bill of Rights issues. You can listen to the episode below.
10 Eviction Mistakes
Posted by Stephen Marshall on
I'm gonna keep it short today. Here are a 10 missteps that could derail your eviction case. You're only as strong as your weakest link, so make sure everyone on your staff knows these rules. Once you've filed an eviction, don't send any more notices. Pay special attention to any software that might auto-generate a notice each month. Make sure you terminate a month-to-month lease at the end of a rental period. Don't accept rent after issuing a termination notice for a material lease violation. Don't accept rent after a deadline to vacate when non-renewing a lease or month-to-month tenancy. Don't...
Update on Rental Assistance, Tenants' Bill of Rights, and State Legislation
Posted by Stephen Marshall on
RENTAL ASSISTANCE UPDATE Lexington's rental assistance program has become much more landlord-friendly. The Housing Stabilization Program has removed the 45-day waiting period and the 30-day notice requirement from its settlement agreements. This means that if your tenant receives assistance but fails to resume paying rent once the money runs out, you may proceed to give your usual notice to pay or vacate immediately rather than waiting for 45 days then giving a 30-day notice. This is good news that should encourage more landlords to participate in the program and get their rent paid. The settlement agreement still requires that you...
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- Tags: evictions, Housing Stabilization Program, rental assistance, state legislation, Tenant's Bill of Rights