The Uniform Residential Landlord and Tenant Act (URLTA) in Kentucky dictates how landlords must proceed in cases where tenants fail to pay rent on time. The first step is a 7-day notice to pay rent or quit the premises. A specific eviction process is followed in counties covered under the act.
The served notice must contain due amount demanded, and the tenant understands that on expiry of 7 days after the notice is served, the only option left is to pay or vacate the said premises. Clear reference must be made of legal proceedings to terminate the lease and recover possession of property along with rent arrears and other charges or penalties authorized by the court.
How Notice Is Served:
The 7-day notice is served in any of the following ways:
- Copy tacked on the entrance door of the leased property. (Photographs highlighting Service of Notice can be presented in court.)
- Notice can be served if delivered via certified or registered mail with a request for return receipt, which again can be attached as support document.
- The best way is to hand-deliver the notice to the principal tenant in the form of a written communication with signature of receipt.
Counties Governed By URLTA
Counties following URLTA guidelines in random order include Covington, Oldham, Florence, Bromley, Barbourville, Georgetown, Bellevue, Fayette, Dayton, Pulaski, Jefferson, Silver, Ludlow, Newport, Melbourne, Woodlawn, Grove, Taylor Mill, Southgate, and Shelbyville.
What Landlords Must Know
- A good practice is to clearly explain terms listed at the start of a lease, how payment is collected, and late-payment consequences.
- All communication must be in writing or via e-mail including sequential notices sent to a tenant as reminders for rent payment. The tenant is constantly reminded of the 7-day notice to follow, if rent is in arrears.
- Landlords have to serve a 30-day notice for non-payment of rent, if the leased property is located in a county not governed by URLTA regulations.
- To avoid pitfalls arising in an eviction case, landlords can refer to www.ezlandlordforms.com/articles/educational/4/move-out-and-eviction/.
Writ For Forcible Detainer Follows The 7-Day Notice
After the 7-day notice period ends, legal action begins in connection with forcible detainer. A writ following the Kentucky eviction process is issued. The writ clearly indicates where and when the hearing is held.