The Kentucky one (1) month notice to quit is used by landlords to terminate a tenancy in a county which is not governed by the Uniform Residential Landlord and Tenant Act (these counties have adopted the URLTA). The notice must be delivered to the tenant one (1) month before the start of the following rental period. If the tenant fails to vacate the leased property within the one (1) month notice period, the landlord can file an eviction lawsuit (formally known as a “Forcible Detainer”) with the district court. Furthermore, if the tenancy is outlined in a lease, and the lease contains language regarding
Kentucky Eviction Notices – 7, 14, and 30 Day Notices to Quit
The Kentucky fourteen (14) day notice to comply or quit is to be served to tenants that have breached the lease agreement (i.e., committed a lease violation). The landlord shall state within the notice the exact breach which must be remedied. If the tenant does not cure the violation by the fourteenth (14th) day after receiving notice, the tenancy shall be terminated, and the landlord will have the right file an eviction lawsuit (known as a Forcible Detainer) with the district court. Note: Use of this document is exclusive to counties that have adopted the Uniform Residential Landlord and Tenant Act (URLTA county
The Kentucky fourteen (14) day notice to quit is to be served on a tenant that has committed their second (2nd) lease violation within six (6) months of a prior non-compliance. The violation stated in the notice must be substantially similar to that of the non-compliance for which notice was previously received. According to Kentucky statute § 383.660(1), the landlord may terminate the tenancy after the fourteen (14) day period expires regardless of whether or not the tenant corrects the violation. If the tenant remains on the premises past the termination of their tenancy, the landlord can sue the tenant for eviction by filing
The Kentucky thirty (30) day notice to quit is a document used by landlords and tenants to terminate a month-to-month (a.k.a. periodic) tenancy. The notice informs either party that the tenant shall vacate the leased property and remove their belongings within thirty (30) days. No cause for termination is required for this type of notice to quit. Therefore, the landlord or tenant need not specify any reason for eviction within the notice. The letter will need to be delivered at least thirty (30) days before the start of the subsequent rental date. If the individual fails to vacate after thirty (30) days, the
The Kentucky seven (7) day notice to pay or quit is an eviction letter served by the landlord on a tenant that has failed to pay the rent. The notice informs the individual that they have seven (7) days to either pay the owed amount or vacate the rental unit. Failure of the tenant to either pay the rent or move out within seven (7) days gives the landlord the right to file an eviction action (otherwise known as a “Forcible Detainer”) in court. Note: This notice is to be used for evictions in districts ruled by the Uniform Residential Landlord and Tenant
The Kentucky general notice to quit should only be used for evictions in counties that have not adopted the Uniform Residential Landlord and Tenant Act (see list of URLTA approved counties). Furthermore, this notice shall only be used if the tenancy is governed by a written lease and the lease contains eviction notice provisions. The landlord may supply the tenant with the notice to quit when the tenant breaches a provision of the lease (e.g., non-payment of rent, material damage, excessive noise). A notice period shall be given to the tenant in which they must vacate (this period must correspond with the lease
How to Evict a Tenant (Process)
Landlords in Kentucky will need to adhere to State law when attempting to evict a tenant from a rental unit. In some counties, the landlord must follow the rules outlined in the Uniform Residential Landlord and Tenant Act, while in others the lease terms will be the deciding factor in what is permissible for eviction.
Step 1 – Eviction Laws
Landlords must begin by determining whether or not the leased property resides in a district governed by the Uniform Residential Landlord and Tenant Act (URLTA).
The following counties have adopted the URLTA: Barbourville, Bellevue, Bromley, Covington, Dayton, Florence, Lexington-Fayette County, Georgetown, Louisville-Jefferson County, Ludlow, Melbourne, Newport, Oldham County, Pulaski County, Shelbyville, Silver Grove, Southgate, Taylor Mill, Woodlawn.
Step 2 – Written Notice of Eviction
The tenant must be served with a written notice of eviction (referred to as a “Notice to Quit”) informing them of the reason the lease is ending, the date the property must be vacated, and what measures they can take to retain possession of the property (if any). The type of notice chosen by the landlord is dependant on whether the property is located in a URLTA district as well as the reason the tenant is being evicted.
URLTA Eviction Notices
For the non-payment of rent, the landlord must serve the tenant with a 7-Day Notice to Pay or Quit. The tenant must either pay the total rent within the seven (7) day period or vacate the premises.
For non-compliance with the lease terms (e.g., material damages, unauthorized pets, additional occupants), the landlord shall serve the tenant with a 14-Day Notice to Comply or Quit. The tenant must correct the non-compliance within fourteen (14) days or else they will be forced to vacate.
If the tenant commits substantially the same lease violation within six (6) months of receiving notice, the landlord can terminate the rental contract by serving the individual with a 14-Day Notice to Quit – 2nd Non-Compliance. The tenant will be required to vacate within fourteen (14) days.
For the termination of a month-to-month lease without cause, the landlord must provide the tenant with a 30-Day Notice to Quit stating that the premises must be vacated within thirty (30) days.
Non-URLTA Eviction Notices
If the property is not located in a URLTA district, the landlord must reference the lease to establish what actions constitute an eviction, and to discover what notice period shall be given to the tenant (the landlord may serve the tenant with a General Notice to Quit for these types of evictions). However, if the lease does not contain eviction provisions, or if there is no lease, the landlord musts serve the tenant with a 1-Month Notice to Quit.
Step 3 – Serve the Notice
An eviction notice must either be served to the tenant personally (or to another responsible resident of the dwelling), mounted to a conspicuous location of the residence, or sent by registered/certified mail with a return receipt requested.
Step 4 – Legal Proceedings
Generally, the tenant can stop the eviction by paying the total rent due or by correcting their lease violations, though some eviction cases cannot be cured. If the individual fails to adhere to the notice requirements within the prescribed period (i.e., does not pay rent, does not correct their non-compliance, does not vacate), the landlord can go to the civil department of the district court where the property is located and file an eviction complaint.
The landlord will need to submit a Forcible Detainer Complaint to a clerk and pay the filing fee (fees vary between counties). Certain courts may require the landlord to file a Writ Of Forcible Entry & Detainer or other additional documents. Before filing, the landlord should contact a clerk to see what forms will be needed for their eviction case.
Step 5 – Schedule Hearing
The clerk will schedule a hearing date for the case and submit the information to the sheriff’s department. An officer will then serve the hearing details to the tenant thus informing them that they are required to appear in court. The officer must serve the notice no less than three (3) days prior to the hearing.
Step 6 – Court Date
At the eviction trial, the landlord must present their evidence to the judge including a copy of the eviction notice, the lease (if applicable), witness testimonials, and any other supporting material. The tenant will also present their case to the court. The judge will then make a ruling determining whether the eviction shall be granted. If the landlord wins the case, the judge will allow the tenant a seven (7) day period in which they can make an appeal or vacate.
Step 7 – Warrant of Possession
If the tenant neither appeals the ruling nor vacates the premises by the end of the seven (7) day period, the landlord can obtain a Warrant of Possession from the district court (a fee will be required). The Warrant of Possession will be given to the sheriff’s department. The sheriff’s department will contact the landlord to establish an eviction date and, on that date, both the landlord and an officer will visit the tenant to remove them and their belongings from the rental unit.