![Download Kentucky Eviction Notice Templates [PDF]](/_next/image?url=%2Fimages%2Fdocuments%2Feviction-notice-general.png&w=3840&q=75)
The Kentucky Eviction Notice is a document the landlord uses to notify the tenant that they have a certain deadline to move out of the property.
The landlord, however, must make sure there is a reason for eviction and notify the tenant about it in the eviction notice. In some cases, the landlord can give the tenant the option to remedy the violation and stop the eviction.
If the landlord doesn’t comply with the request in the eviction notice, the landlord can initiate the eviction process before the court and forcefully remove the tenant from the property.
Types of Eviction Notices in Kentucky
Depending on the type of lease, lease term, and reason for the eviction, there are three main types of Kentucky eviction notices the landlord can use to initiate the eviction.
Notice to Pay Rent or Quit
When the tenant doesn’t pay the rent after a due date, the landlord can issue a 7-day eviction notice to them. They will request that the tenant either pay the due rent within the 7-day period or leave the property.
Notice for Non-Compliance
If the tenant violates some of the rules set forth in the lease agreement or the Kentucky landlord-tenant law, the landlord can initiate the eviction by sending them the Kentucky non-compliance eviction notice. These violations often include keeping an unauthorized pet at the property, causing damage to the property, disturbing other residents, etc.
The landlord then gives the tenant 14 days to remedy the violation or leave the property. If the tenant repeats the same violation within the 6-month period, the landlord doesn’t have to offer them the option to remedy it.
Notice for Terminating the Month-to-Month Lease
If the tenant remains at the property after the lease term is over (holdover tenancy or tenancy at will) or if there is no set lease term (week-to-week or month-to-month lease), the landlord can send the eviction notice without providing the reason to the tenant.
However, the landlord must notify the tenant at least:
Notice for Terminating
30 days in advance if the rental property has adopted the Uniform Residential Landlord Tenant Act
1 month in advance if the rental property has NOT adopted the Uniform Residential Landlord Tenant Act
Eviction Laws and Requirements in Kentucky
Laws & Requirements
Grace period. No mandatory grade period provided (§ 383.565(2))
Non-payment of rent. 7 days (§ 383.660(2))
Lease non-compliance. 14 days (§ 383.660(1))
Lease non-compliance (2nd violation). 14 days (§ 383.660(1))
Periodic tenancy termination. 7 days for a week-to-week lease and 30 days for the month-to-month lease (§ 383.695(2))
When is Rent Late in Kentucky?
The rent is considered late in Kentucky a day after the due date. That means that if the due date is set for the 15th of the month, it will be late starting on the 16th day.
The Kentucky Statute doesn’t provide a legal grace period before which the landlord cannot send the eviction notice or charge the late fees. However, the parties can always provide a grace period in the lease agreement.
Grounds for Eviction in Kentucky
The landlord can evict the tenant in Kentucky for the following reasons:
Grounds for Eviction
If they fail to pay the rent on time
In case they violate the lease agreement or the Kentucky landlord-tenant law, namely:
If they keep an unauthorized pet on the property
When they violate the smoking policy
If they violate health and safety codes at the property
In case they damage the property
If they commit a certain illegal activity on the property
When the landlord wants to terminate the periodic (week-to-week or month-to-month) lease.
Eviction Process in Kentucky
The eviction process in Kentucky starts when the landlord issues the eviction notice to the tenant and can last from a few days to a few months, depending on the reason for the eviction and the tenant's activities in the process.
#1. Write a Notice
The landlord initiates the eviction process by sending an eviction notice to the tenant. They can deliver the notice to them in person, post it in a conspicuous place at the property, or send it to the tenant via certified mail. In any case, the landlord should provide proof that the notice was delivered to the tenant or that they had a chance to see it.
#2. File the Complaint
If the tenant doesn’t move out of the property, doesn’t pay the rent, or fixes the violation, the landlord can submit a Forcible Detainer Complaint to the court. The landlord will file it with the local court’s office, depending on the county where the property is located.
#3. Serve the Tenant
The court will then send the summons to the tenant, informing them that an eviction notice has been initiated against them. They will also notify them about the hearing date and give them basic instructions about the actions they can take in the process. If the tenant fails to appear for the hearing, the court will issue a default judgment in the landlord’s favor.
#4. Wait for Court’s Judgment
If both parties appear for the hearing, the court will consider the arguments of both parties and issue a judgment. If the landlord wins, the court will issue the Forcible Detainer Judgment and give the tenant 7 days to leave the property. The tenant can appeal the judgment within that same period. After that, the court issues the Warrant for Possession, which authorizes the tenant’s forcible removal from the property.
Other Eviction-Related Forms in Kentucky
Other Eviction-Related Forms
Forcible Detainer Complaint. The landlord uses this form to file an eviction lawsuit and inform the court about the parties and main details of the dispute.
Civil Case Cover Sheet. The landlord submits this form to the court with their complaint. This form contains basic information about the parties and provides information about the nature of the case.
Forcible Detainer Judgment. The court fills out this form and issues it in case the landlord wins the dispute. It gives the tenant 7 days to leave the property and informs them of their right to appeal the judgment.
Warrant for Possession. This document serves as a final warning to the tenant to leave the property, and it authorizes the sheriff or constable to forcibly remove the tenant from the property.
Eviction Information for Landlords in Kentucky
If there is a reason for eviction provided by the Kentucky landlord-tenant law, the landlord has a right to initiate the eviction procedure and protect their rights before the court.
However, the landlord must follow the eviction procedure stipulated in the law and cannot refer to self-help methods, such as:
Eviction Information for Landlords
Changing the locks at the leased property
Forcefully removing the tenant from the property without the proper warrant
Shutting off utilities like electricity, heating, or water
Removing the tenant’s belongings from the property
Eviction Information for Tenants in Kentucky
The tenant has a right to be properly informed about the eviction, the deadline by which they must leave the property, and the option to remedy the violation and stop the eviction.
Additionally, they have a right to oppose the eviction, participate in the eviction dispute before the court, and present their argument against the landlord’s claims.
The eviction cannot be initiated without the reason provided in the law as the reason for eviction and cannot be initiated as a retaliatory or discriminatory measure against the tenant. The tenants can learn about their rights and the eviction procedure through the Legal Aid Network of Kentucky.
How to Write an Eviction Notice in Kentucky
Kentucky Eviction Notice Checklist
Kentucky Eviction Notice FAQ
You can file an eviction notice if there is a reason for eviction provided in Kentucky landlord-tenant law. These reasons are rent non-payment, non-compliance with the lease agreement, and periodic tenancy violations.
The landlord in Kentucky must issue an eviction notice to the tenant, giving them the option to voluntarily leave the property before initiating the eviction before the court. If the landlord files an eviction lawsuit without providing a copy of the eviction notice, the court will dismiss it.
The eviction process in Kentucky can last between 3 and 6 weeks, but it can last even longer, depending on the reasons for eviction, the type of lease, and the activities of the tenant in the eviction process.
No, depending on the reason for eviction, the landlord must give the tenant from 7 to 30 days to vacate the property. If the tenant doesn’t provide the minimum required time for the tenant to leave the property, the tenant can raise that argument against the landlord in court.