Understanding Eviction Notices in Kentucky
In Kentucky, landlords must serve tenants with a legally compliant eviction notice before pursuing court action. The notice must clearly explain the reason for eviction and provide the tenant with a deadline to pay rent, fix a lease violation, or vacate the property.
Eviction procedures are primarily governed by the Uniform Residential Landlord and Tenant Act (URLTA), which applies only in select counties. Where URLTA does not apply, lease agreement terms and general legal principles guide notice periods.
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Types of Eviction Notices in Kentucky
The following notices may be used in any county in the state of Kentucky. However, the specific periods are for leased properties that are in the counties listed below. If the leased property is in any other county, refer to the original lease or rental agreement to determine the exact number of days in advance the tenant must be notified.
Affected Counties:
- Barbourville
- Bellevue
- Bromley
- Covington
- Dayton
- Florence
- Fayette
- Georgetown
- Jefferson
- Ludlow
- Melbourne
- Newport
- Oldham
- Pulaski
- Shelbyville
- Silver Grove
- Southgate
- Taylor
- Woodlawn
7-Day Notice to Pay Rent or Quit
Under KY Rev Stat § 383.660(2), the landlord may issue a seven-day notice to pay or vacate if a tenant fails to pay rent. If the tenant does not comply, the landlord may proceed with an eviction lawsuit.
7-Day Notice to Quit for Non-Payment
Use this notice to begin evicting a tenant if they haven’t paid rent on time.
15-Day Notice to Comply or Quit (First Violation)
For lease violations unrelated to rent, landlords may issue a 15-day notice to cure or quit under KY Rev Stat § 383.660(1). If the tenant does not correct the issue in that time, eviction proceedings can begin.
15-Day Notice to Quit for Non-Compliance
Use this notice for lease violations allowing tenants to comply or vacate the property.
30-Day Lease Termination Notice
To end a month-to-month lease, landlords must provide a 30-day written notice under KY Rev Stat § 383.695(2). This applies even when there’s no lease violation.
30-Day Lease Termination
Landlords must give tenants 30 days’ notice to move out if they’re on a month-to-month lease.
How to Evict a Tenant in Kentucky
Eviction cases follow the procedure laid out in KY Rev Stat § 383.
Step 1: Provide an Eviction Notice
The landlord must first give the tenant the appropriate eviction notice to begin the eviction process. For instance, a 7-day notice to quit is required to evict a tenant who hasn’t paid rent.
Step 2: File and Serve a Complaint
If the tenant cures the breach (when given the option) or moves out within the required timeframe, the landlord can’t take further action. However, if the tenant fails to cure the breach or moves out, the landlord files a complaint (or “warrant”) in the appropriate court. The fees vary depending on the county.
Step 3: Go to Court
Kentucky state law doesn’t define how quickly the eviction hearing must be held after the summons and complaint have been issued. The local jurisdiction has the right to determine the timeframe. Additionally, tenants are not required to file a written answer to appear at the hearing.
Step 4: Wait for the Tenant’s Action
If the tenant doesn’t show up or the court favors the landlord, the tenant must move out. However, depending on whether a specific county has adopted the Uniform Residential Landlord Tenant Act, the tenant may file an appeal within seven days of the judgment. If no appeal is filed, the eviction process will continue.
Step 5: File a Writ of Restitution
If the tenant doesn’t move out of the property within seven days, the landlord can file a Writ of Restitution. If the court grants the Writ of Restitution, the sheriff will remove the tenant from the property.
Related Kentucky Court Forms
- Notice of Eviction Hearing Trial by the Court: This document begins the eviction process in Kentucky and must be delivered by the landlord to the correct court (which depends on the property’s location).
- Warrant for Possession: If the tenant doesn’t move out within seven days after the court has approved the eviction, the landlord must file this form with the District Court to ask the sheriff’s department to evict the tenant from the property.
