Articles

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...

This week has been a whirlwind of activity. Let’s start at the beginning. Lawsuit against the Governor to Allow Evictions for Failure to Pay  A few weeks ago I mentioned that a group was contemplating filing a lawsuit against the Governor if things did not open up soon. That lawsuit was filed earlier this week in federal court in Northern Ky. The suit was filed by the Greater Cincinnati Northern Kentucky Apartment Association, and three apartment community owners. The suit was filed against the Governor and the Circuit Court clerks in Boone, Kenton, and Campbell counties. Because the property owners...

Well, it’s July 1, the day we had all hoped that the state would be open for eviction filings based on nonpayment of rent. But, sadly, that is not the case. For a while now my prediction has been that the Governor will open things up in late July or early August. And that the courts would follow suit shortly thereafter. I’m becoming less confident by the day that that will. My lack of confidence is not based on any hard evidence, but it is based on rumblings that I’m getting from people in contact with the Governor’s office.  Lawsuit against the...

The legal landscape is changing at a fast and furious pace due to COVID-19. Here's where things stand with evictions as of April 3, 2020. BACKGROUND On March 25, 2020, the Governor suspended all evictions throughout the state until he lifts the state of emergency. Earlier this week, the Kentucky Supreme Court closed the courts to non-emergency hearings, including evictions, until May 1. It further declared that the courts will not accept eviction filings until 30 days after the courts open again – which would be June 1. One of my privileges as an attorney is to sit on the...

I just have a brief update today, but potentially an important one. The Bureau of Consumer Financial Protection has issued a new rule that puts a new obligation on landlords, attorneys, and collection agencies seeking to evict or collect debts from tenants. The rule amends the Fair Debt Collection Practices Act, which applies to “debt collectors”. You can read the new rule and all the commentary on it here and can find a fact sheet on it here. DEFINITIONS OF “DEBT” AND “DEBT COLLECTOR” Under the FDCPA, “debt” is defined as “any obligation or alleged obligation of a consumer to pay...