How to Evict a Tenant in Kentucky
Step 1: Serving an Eviction Notice
The Uniform Residential Landlord and Tenant Act (Chapter 383) covers the eviction process in Kentucky. The first step is to serve the tenant with an eviction notice. The type of notice will depend on the breach committed and why the landlord wants to remove the tenant from the property.
Step 2: Filing an Eviction Lawsuit
Once the notice period has ended, if the tenant has not cured the breach — including either catching up on unpaid rent or fixing any problems with the tenancy — the landlord needs to move forward with an eviction lawsuit.
The landlord should file a Forcible Detainer Complaint. Ky. Rev. Stat. § 383.210 notes that the form should be filed in the Kentucky District Court in the county where the rental property is located.
Average Timeline
It can take seven to 30 days from the eviction notice to file a Forcible Detainer Action, with the entire process lasting up to 1 month.
Step 3: Court Summons
After the landlord files a complaint, the court will send the tenant a summons with a copy of the Forcible Detainer Complaint filed by the landlord. The summons must be served at least three days before the hearing.
The summons will provide a time and date for the eviction hearing and note that if the tenant does not appear, a summary judgment will be issued in favor of the landlord.
Average Timeline
The tenant must be served with the Summons and Complaint at least three days prior to the court trial.
Step 4: Court Appearance
The landlord and tenant will appear in court on the date specified by the court summons and present their cases. According to Ky. Rev. Stat. § 383.230, either landlord or tenant has the right to request that the court subpoena witnesses who can share evidence related to the lease violation or the tenant’s attempt to rectify that violation.
At the court appearance, both the landlord and the tenant will have the opportunity to present their case. The landlord should take:
- A copy of the lease agreement
- The notice of the lease violation
- Evidence that the lease violation was presented to the tenant
- A copy of the complaint filed with the court that moved forward eviction proceedings
Once the court has heard both sides of the case, the judge will issue a judgment.
Average Timeline
The timing for an eviction hearing is based on the respective justice court’s availability.
Step 5: Warrant for Possession
If the court decides in the landlord’s favor, it will issue a Warrant for Possession, as laid out in Ky. Rev. Stat. § 383.240. The Warrant for Possession serves as a final notice that the tenant needs to leave the property within seven days.
Either landlord or tenant can appeal the court’s judgment within that seven-day period. However, if the decision is not appealed within seven days, it becomes final.
Average Timeline
Once a judge issues a Warrant for Possession for the landlord, a Writ of Restitution is promptly granted. Tenants must leave the property within 7 days of receiving the writ.
Step 6: Forcible Removal
If the tenant does not move out by the end of the seven days, the landlord can take the Warrant for Possession to the sheriff of the county in which the property is located. The sheriff will then remove the tenant from the property.
Reasons for Eviction in Kentucky
There are several possible reasons for eviction. Each has its own process for the landlord to follow to remove the tenant from the property.
At-Fault Evictions
An at-fault eviction occurs when the tenant has breached the rental agreement in some way. At-fault evictions may involve:
- Non-payment of rent
- Non-compliance with the rent agreement
1. For Non-Payment of Rent
Overview
- According to Ky. Rev. Stat. § 383.660, a 7-day notice to quit for non-payment of rent is used when residents are behind on rent. Kentucky does not have a specific statute that offers a grace period for late rent. Landlords should consult their lease agreements to ensure that they comply.
- The notice to quit gives tenants seven days to take care of any late rent payments or make arrangements with the landlord to catch up on rent.
- The seven days granted to pay rent include weekends and holidays.
2. For Non-Compliance (15 Days)
Overview
- Under Ky. Rev. Stat. § 383.660, a 15-day notice of non-compliance should be used when the tenant violates the rent agreement in some way, including having a pet in a pet-free rental or having more tenants than the lease allows.
- The notice grants the tenant 15 days to address any potential breach.
- The 15 days are calendar days and include weekends and holidays.
3. For Repeat Non-Compliance (14 Days)
Overview
- Ky. Rev. Stat. § 383.660 notes that a notice of repeat non-compliance should be used when a tenant has committed the same lease violation more than once within six months.
- The notice lets the tenant know that the landlord is terminating the lease agreement and will proceed with eviction proceedings within 14 days.
- The 14 days include weekends and holidays.
No-Fault Evictions
A no-fault eviction occurs when the landlord wants the tenant to leave the property when the lease is up or when the landlord wants to end a month-to-month lease agreement. Most of the time, a lease agreement will change to a month-to-month arrangement once the predetermined lease period has ended, so the landlord can proceed with the process as though the lease agreement has ended.
1. Lease Termination Notice
Overview
- A 30-day lease termination notice is, according to Ky. Rev. Stat. § 383.695, used when the landlord wants to end a month-to-month tenancy arrangement.
- The notice gives the tenant 30 days’ notice that the landlord intends to terminate the agreement.
- The 30-day notice includes weekends and holidays.
2. Seven-Day Lease Termination Notice
Overview
- As laid out in Ky. Rev. Stat. § 383.695, a seven-day lease termination notice is used to notify weekly tenants that the landlord intends to end the tenancy.
- It lets a weekly tenant know that the landlord does not intend to extend the lease arrangement and that the landlord will move forward with eviction proceedings. It is only used for week-to-week rentals.
- The seven-day notice period includes weekends and holidays.
Eviction Timeline in Kentucky
| Reason | Curable | Lease Type | Duration | Notice Period |
|---|---|---|---|---|
| Rent Non-payment | Yes | Any | Any | 7 days |
| Non-compliance with Rental Agreement | Yes | Any | Any | 15 days |
| Repeat Non-compliance with Rental Agreement | No | Any | Any | 14 days |
| Terminating Month-to-Month Lease | No | Monthly | Any | 30 days |
| Terminating Week-to-Week Lease | No | Weekly | Any | 7 days |
Tenant Rights in Kentucky
Tenants have specific rights in Kentucky, as laid out in the Uniform Residential Landlord and Tenant Act (Chapter 383). When a landlord violates those rights, the tenant may have the right to restitution. Therefore, landlords should carefully follow all eviction proceedings as they are laid out in order to protect themselves and their tenants.
Self-Help Evictions
A self-help eviction occurs when a landlord tries to forcibly remove a tenant from the premises. Self-help evictions may include things like:
- Turning off electricity, water, or other essential utilities to the property
- Changing the locks on the property
- Removing the tenant’s possessions from the property
- Trying to remove the tenant from the property forcibly
Landlords should follow the eviction proceedings in the Uniform Residential Landlord and Tenant Act rather than taking on those steps alone.
Abandoned Property
Kentucky does not have a statute related to abandoned property. If a tenant does not take their property with them when they leave the property, the landlord can dispose of the property as they see fit.
Resources
- Notice of Eviction Hearing Trial by the Court: The Notice of Eviction Hearing Trial by the Court begins the eviction process in Kentucky. The landlord must fill out the document and deliver it to the county where the property is located.
- Warrant for Possession: The Warrant for Possession is filed with the district court in the county where the property is located and asks the sheriff to remove the tenant from the property.