The Kentucky thirty (30) day notice to quit, as provided via § 383.695, can only be served to month-to-month tenants or other forms of “at-will” tenancies (verbal contract, etc.). The notice simply informs the tenant that they have thirty (30) days to vacate the premises of the rental unit. If the tenant does not move out within the 30 day notice period, the landlord has the legal right to file an action for eviction (aka “forcible detainer”) at the district court of the county where the rental property is located in. Note: The notice should also be served to a landlord by
Kentucky Eviction Process & Laws | Free KY Eviction Notices
A Kentucky eviction is a process that starts at the time the landlord has either: noticed a violation by the tenant in either nonpayment or noncompliance or has decided they would like to cancel a month to month arrangement. If the tenant has not responded to the notices and has not moved out the landlord may proceed with a forcible entry and detainer by following the Eviction Instructions.
NonPayment Laws – 7 days § 383.660
NonCompliance Laws – 15 days § 383.660
Month to Month Laws – 30 days § 383.695
Forcible Entry and Detainer Laws – 383.200 to 383.285
The Kentucky fifteen (15) day notice to quit or cure, per § 383.660, is to be served to tenants that have breached the lease agreement (committed a lease violation). The notice states that the tenant must either cure (aka fix) the violation(s), or vacate the rental unit within fifteen (15) days. The landlord must post the notice on the front door of the rental unit, or personally deliver the notice to the tenant. If the tenant does not comply with the notice, the landlord can file a forcible detainer complaint (i.e. eviction lawsuit) at the district court of the county
The Kentucky seven (7) day notice to pay or quit, supported by Statute 383.660 , is served by the landlord to a tenant that has failed to pay the rent. The notice informs the tenant 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 gives the landlord the right to file an eviction action (otherwise known as a “forcible detainer complaint”) in court. The notice should be served to the tenant personally, or posted on the front door of the rental unit
How to Evict a Tenant (Process)
Step 1 – Evicting a tenant in the State of Kentucky begins with serving them a “notice to quit” or “vacate.” The notice must state the full name(s) of the tenant(s), the address of the rental property/unit, the amount of back rent (or descriptions of the lease violations), as well as the number of days that the tenant has before the lease agreement will terminate. If the tenant is in breach of the lease agreement, the notice must also contain instructions for them on how to fix (i.e. “cure”) the violations. Notices of non-compliance must give the tenant at least fifteen (15) days to cure the violation(s) or vacate the property. Month-to-month tenants are required to have at least thirty (30) days notice before the landlord can terminate the lease agreement. Tenants who have not paid rent must receive at least seven (7) days notice to either pay or vacate, before the landlord can file an eviction lawsuit in court.
Step 2 – The notice should be served to the tenant by being posted to the front door of the rental unit. This is the preferred method of service in the State of Kentucky. After the notice has been served and the tenant has failed to comply with the demands, the landlord can file a forcible detainer (eviction) complaint* in court. The complaint is filed with the clerk in the county court where the rental property is located. Fees vary from county to county, but are generally upwards of $100 (for both the filing fee and the fee for the complaint to be served to the tenant).
*If the rental property is under an LLC, an attorney will most likely have to file the complaint.
Step 3 – Bring any relevant documentation to the hearing date (copies of the lease agreement, payment history, notice, complaint, etc.). If you have specific evidence (such as photographs) of lease violations, bring those as well. If the judgement is made in your favor (i.e. the tenant is found guilty of forcible detainer), the tenant will be given seven (7) days to fully vacate the premises of the rental property. If they fail to vacate the unit within the seven day time period, a warrant for possession must be filed.
Step 4 – File the warrant for possession with the clerk at the courthouse. After paying the fee for the warrant, you must then take the warrant to the Sheriff. Another fee must be paid to the Sheriff. A date will be set for the eviction. The Sheriff will serve as a peacekeeper, and if necessary, physically remove the tenant from the rental unit.