Kentucky Official Forcible Detainer Complaint
The landlord may file this Forcible Detainer Complaint the day following the expiration of the notice period, provided the tenant remains in non-compliance.
Document Last Modified: 2/1/2020
If the defendant or tenant forcibly detains the premises, a Kentucky official forcible detainer complaint is lodged in a court of justice. The complaint allows the landlord to regain possession for lapses like not paying rent or breach of conditions laid down in the lease.
Specific terms wherein the defendant had agreed to pay daily, weekly, or monthly rent on a specific day are detailed in the complaint. The breach could also be in the form of repeated violation of contract terms leading to a complaint citing unlawful and forcible detention of premises.
- Expectations From The Complaint
- The plaintiff or landlord makes a signed submission in court. It must contain a direct allegation of forced and unlawful detention of property. The landlord demands not only possession of property but also relief from the court to compensate for unwarranted financial loss, damage to property, or other cause.
- Submission can be made by the property owner or appointed lawyer.
- Quick-relief is sought in case the tenant has not paid rent or late fees as specified in the lease contract.
- A quick read of how to deal with tenants before and after a complaint is admitted in court is found at https://articles.ezlandlordforms.com/general-property-management/successful-real-estate-investment/ Landlords must ensure they haven't erred in fulfilling basic requirements such as appropriately serving the notice.
Special Conditions To Initiate Eviction Proceedings
Counties adopt the URLTA to evict a tenant. Once the plaintiff files a complaint at a specific county court after delivering the appropriate notice, the Kentucky eviction process begins. Landlords are required to approach the county courthouse clerk to pay required fees and complete paperwork.
Once the document is filed at a specific county court, a professional process server or one appointed by the court serves the tenant with the writ or official document.
Preparing For The Hearing
The writ specifies the date, time, and location for both the landlord and tenant to appear in court. The initial hearing allows the plaintiff and defendant to put forward their arguments. The landlord is required to show proof of violation in the lease agreement or if the defendant has defaulted in paying rent on time.
Support documents including photographs of delivered notice and receipts can be submitted at the hearing. Witnesses are allowed to appear in support of the Kentucky official forcible detainer complaint.
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