Eviction Law in Lexington, KY
What Is an Eviction?
An eviction is the forceful exiting of tenants following an issued notice by the property owner or landlord. Evictions usually come as a result of failure to pay rent, or from violations of the lease agreement. However, evicting a problem tenant can be a long and costly experience as landlord-tenant laws favor tenants. Getting a better understanding of how Lexington, Kentucky eviction law can help.
Even though eviction notices happen as a result of serious problems with the tenant, not all eviction notices lead to an actual eviction. Oftentimes, eviction notices serve as a final warning for the tenant. If the tenant can then pay rent, or begin to follow the lease agreement, they may avoid eviction.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If a delinquent Lexington, KY tenant frequently pays rent late or has not paid rent at all, there is a good reason for eviction. Some states do have a grace period for an occasional late payment. However, if a tenant makes a habit of always paying late, that grace period does not apply and the property owner can provide an eviction notice.
Kentucky Law allows for a 7-day grace period for tenants in Lexington to pay their rent. Once this 7 day period lapses, a landlord is allowed to start charging late fees to the tenant.
You should always provide your tenant with “late rent” notices and keep a copy for yourself in your files. That way, if the eviction case goes to court, you have paper evidence of their failure to pay rent on time.
The Tenant Violates the Terms or Conditions of the Lease Agreement
Lease agreements are legal contracts. This means if your tenant violates the contract in any way, it can be grounds for eviction. For example, if your lease agreement says that your tenant cannot have an additional person living in the unit, and they violate that rule, you can begin the eviction notice process.
The lease agreement is also legally binding for the landlord. This means that any Lexington landlord must also follow the rules laid out in the agreement, such as making repairs, and performing maintenance written into the lease.
The Tenant Damages the Property
Tenants are going to cause damage to the property; it’s unavoidable. Wear and tear when living in a home is normal. Still, there’s a difference between scratches on the wall or broken blinds, and intentional destruction of property.
If it’s clear that your tenant is causing severe damage to your property, such as breaking through walls or smashing windows, this may be cause for eviction. However, if your tenant makes repairs themselves, and doesn’t make any major changes to the property, this might not be grounds for eviction.
The Tenant Uses the Property for Illegal Purposes
If your tenant is using your property for illegal activities, such as selling drugs or weapons, it is clear grounds for eviction. Reporting these activities may also lead to criminal charges against the tenant.
To support your case, you’ll need evidence of the tenant’s illegal use of the property. Law enforcement reports or records of any incidents at the property can be valuable in demonstrating the tenant’s actions and strengthening your eviction claim.
How to Evict a Tenant in Lexington, Kentucky
If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.
Step 1. Check Your Local Laws
Eviction laws are different in each state and can also vary at the city level. Therefore, it’s important to familiarize yourself with local laws before taking any action. Always ensure you have a legally valid reason for an eviction before giving notice. A qualified Lexington, KY attorney can help review your case to determine if you do.
Property Management Kentucky states that tenants have the right to a clean and habitable living space when renting in Lexington. Tenants also have the right to pursue legal recourse against a landlord if they have violated state or federal law or the lease agreement signed by both parties. In addition, tenants are entitled to their reasonable rights to privacy, clean common areas, and for the landlord to make reasonable repairs to the rental unit.
Step 2. Give a Formal Notice of Eviction
If you’ve attempted to resolve the issue with your tenants and they continue to violate the lease terms, it’s time to issue a formal eviction notice. This notice acts as a final warning and should outline how the tenant is in violation, along with the steps they can take to avoid eviction.
The notice should also specify a deadline for the tenant to either pay the overdue rent or vacate the property, as well as the amount owed. If you’re uncertain about how to draft an eviction notice, you can use online templates or consult with a legal professional for assistance.
No tenant in Lexington can be evicted without a court order. If a landlord attempts to “self-evict” by using tactics such as barring entry to the unit or shutting off heat or water, this is a violation of the law. A tenant can appeal an eviction notice with the court, and avoid eviction by paying the rent, late fees, and court fees. If a court order for eviction is issued, it will be delivered by the Fayette County Sheriff’s Office. Once this court eviction is delivered a tenant will be required to vacate the unit
Step 3. File the Eviction with the Court
You must file the eviction notice with the court within a few days. The court will then set a hearing date and will notify the tenant of the hearing by a summons. The Fayette County District Court typically hears cases involving landlord/tenant disputes.
Step 4. Contact an Experienced Lexington, Kentucky Eviction Attorney and Prepare for the Hearing
You should find an attorney as soon as possible to help you prepare for the hearing. Then, when you go to the hearing, you should bring the following documents:
- Lease agreements
- Records of payments
- Bounced checks
- Record of communication between you and the tenant
- Record of the eviction notice
- Proof that the tenant received the notice
Step 5. Evict the Tenant
If you’ve won the hearing, your tenant will have time to move out of your property. The amount of time allowed is dependent on the state, but it typically ranges from 48 hours to one week. If the tenant refuses to leave, you can contact Lexington, KY law enforcement to forcibly remove them from the property.
Step 6. Collect Past-Due Rent Payments
If your tenant owes you rent money, you may still have a long fight ahead to collect past-due payments. You can try to collect these payments through several methods:
- Hiring a private debt collector
- Garnishing their tax refunds
- Garnishing their wages
- Taking the case to small claims court
Work with an Experienced Eviction Attorney in Lexington, Kentucky
The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Lexington attorney on your side can take the pressure off your back, and help ensure a victory in court. We can even help you connect with an attorney across Kentucky state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
