Course Topics: Kentucky Evictions from A-Z
When you purchase Kentucky Evictions from A-Z, you’ll get the answers to all of the following, and much more.
THE EVICTION PROCESS (3:40)
What are the 16 potential stages of the eviction process?
TWO JURISDICTIONS IN KENTUCKY: URLTA and non-URLTA (8:45)
What is the URLTA and where does it apply? (10:00)
How do I find out if my town is covered by the URLTA?
Where can I find the URLTA if I want to look something up?
What do I do if my lease says something different than the URLTA?
What law governs if I live in a town where the URLTA does not apply? (11:34)
Should I learn about the URLTA even if it doesn’t yet apply in my town?
NON-PAYMENT OF RENT EVICTIONS (13:05)
May I evict for non-payment of late fees, utilities, pet fees, or repair costs? (14:05)
What should I include in a seven-day notice? (16:38)
Are there different notice requirements for HUD properties?
How should I serve the seven-day notice? (19:45)
When must I accept rent and when may I reject it? (25:30)
When have I “accepted” a rent payment?
Have I accepted rent when a payment is directly deposited by a tenant or third-party, such as HUD?
Is there any way to accept a partial payment, then evict the tenant if the balance is not paid?
What are valid reasons for a tenant not to pay rent? (30:30)
Under what circumstances may a tenant withhold rent because he says we didn’t fix something in his unit?
Hypothetical questions on non-payment of rent issues (38:45)
I gave notice to my tenant via certified mail, but my tenant didn’t pick up the notice. May I still proceed with the eviction?
My tenant did not pay his rent for this month, and I’m in a URLTA city, so I gave him a seven-day notice of termination. The tenant didn’t pay, so we filed for eviction after the notice period expired. My court date is not until the next month. Should I give another seven-day notice for the next month’s rent before we go to court for the eviction hearing?
I realize that if we accept a payment after we give the termination notice that we cannot proceed with the eviction, but it would be nice to be able to keep that money and still get rid of the tenant if they don’t pay the balance. Is there any way to have our cake and eat it too?
I went to court to evict my tenant last month. I got a judgment, but now the tenant wants to pay and stay? What may I do?
NON-COMPLIANCE EVICTIONS (43:10)
What are the four preliminary steps to take when you think a tenant may have violated his lease?
What action may you take when a tenant has violated the lease or the law? (44:33)
May I evict for any violation of the lease?
Should termination notices for non-compliance be served differently than for non-payment? (48:08)
What should be included in a termination notice? (51:15)
When does the tenant get the opportunity to correct the violation? (53:57)
When may I do an emergency eviction?
Does it matter that the lease violation was committed by a guest, rather than the tenant?
What is the best way to ban certain guests from the property? (57:20)
What do I do if a banned guest returns to the property?
May I accept rent after I’ve sent a termination notice for a lease violation? (59:23)
What constitutes “domestic violence”?
Does it matter if my tenant has been a victim of domestic violence? (1:00:00)
May I evict victims of domestic violence? What if the perpetrator is also on the lease?
May I evict a victim of domestic violence for non-payment of rent? (1:02:52)
Who is required to pay for property damages resulting from domestic violence involving your tenants?
May I require any verification that domestic violence occurred, or must I just take the tenant’s word for it?
Hypothetical questions on non-compliance evictions (1:07:49)
I want to evict a resident for repeated noise disturbances, but none of his neighbors want to come to court or get involved. May I just get a signed statement from them and show it to the judge?
My tenant claims that she was the victim of domestic violence, but her boyfriend claims that he was one who was the victim. Neither had any physical injuries, and no one witnessed the event. The neighbors just said they were yelling and screaming and banging into the walls. May I evict my tenant?
My tenant has a lot of traffic in and out of her apartment at strange hours, and the stays are pretty brief. Her neighbors think she’s selling drugs. When my maintenance man was changing the air filters, the unit reeked of marijuana. May I evict her?
I don’t want to allow the tenant to remedy his lease violation, I just want to get rid of him. Do I have to allow him to remedy the problem?
I gave a tenant a notice of termination two months ago because he threatened to hit another resident. He remedied that violation by signing an agreement to have no further communications with that resident and stay away from the resident’s unit. Yesterday, the same tenant threatened to fight a different resident in the clubhouse. Will I have to allow him to remedy under the same terms as with the first situation?
My tenant and her boyfriend were arrested on the property last night. The boyfriend was charged with assault for hitting the tenant. While searching the rental unit after the arrest, the police found a significant amount of marijuana in the bedroom. The tenant admitted that the marijuana was hers, and was arrested and charged with possession. May I evict her, even though she’s a victim of domestic violence?
My resident and her two children are supposed to be only occupants in her rental unit. Both her neighbors and management regularly see an adult male leaving her apartment, often early in the mornings. I spoke with her, and she says the man is not living with her, but that he visits frequently, and sometimes spends the night. May I evict her based on the unauthorized occupant?
UNUSUAL CASES (1:13:40)
What are month-to-month tenants and how do I get rid of them? (1:13:45)
How do I evict a former employee? (1:15:20)
How do I evict a tenant if I purchased a property via foreclosure? (1:17:29)
Hypothetical questions on unusual cases (1:18:54)
My maintenance man lives on the property for free in exchange for agreeing to perform maintenance work full-time. He doesn’t have a lease or a contract of any kind. He was fired, but has not vacated the rental unit. What may I do?
My tenant’s lease states that after it expires, it renews on a month-to-month basis. His lease expired months ago. I would like to sell the property and think it would be easier to sell without a tenant in it. How can I get him out?
I manage a property that the owner purchased from a Master Commissioner’s sale. There is a tenant in the unit. May I give him a 30-day notice to vacate?
LAND MINES (1:21:16)
What is retaliatory eviction? (1:21:25)
What are examples of “retaliation”?
How does a court determine when a landlord is retaliating?
What are my defenses if my tenant claims I’m retaliating against him?
What is at stake if I lose a retaliation case?
May I just change the locks if it looks like my tenant has abandoned the property? (1:24:00)
What do I do if my tenant files bankruptcy during the eviction process? (1:25:33)
Under what circumstances may a member of the military break their lease? (1:28:42)
Hypothetical questions on land mines (1:29:54)
My tenant complains all the time that something is wrong with the unit. We’ve responded to every request, and most of the time there’s nothing even wrong. She more trouble than she’s worth at this point. Her lease expires in a couple of months, but automatically renews unless either side gives notice of non-renewal. May I just refuse to renew her lease?
May I refuse to renew a lease for any reason?
I just filed an eviction against a tenant, but today I received a notice that he had filed bankruptcy? May I go forward with the eviction?
I got a judgment of eviction against my tenant two days ago. Today, I received a notice that he had filed bankruptcy the day after the eviction hearing. May I go forward with the eviction?
A CLOSER LOOK AT THE LEGAL PROCESS (1:32:25)
Where do I file evictions?
When do I need an attorney to file my eviction?
Are there any forms I can use to file my eviction?
What happens after I get my eviction filed?
What do I need to win an eviction hearing?
What do I do if I get a judgment of eviction? (1:38:00)
What happens if the tenant appeals the eviction? (1:40:02)
Hypothetical questions on the process (1:43:54)
I manage property for an out-of-state owner. He has given me Power of Attorney to pursue evictions and other court proceedings for him. Do I need an attorney for evictions?
I got an eviction judgment against my tenant. During the waiting period, I saw the tenant moving out. When I went to the unit, all of their stuff was gone. May I change the locks and take possession?
My tenant gave me a written statement on December 15 that he would surrender the unit on January 15. It’s now January 16 and the tenant has moved out. May I take possession?
My tenant filed an appeal, but did not pay his rent into court as required. May I get a Writ and put him out?