In Kentucky, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Kentucky?
In Kentucky, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Kentucky?
In Kentucky, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 7 Day Notice To Quit, the eviction notice for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Kentucky, rent is late starting the day after it’s due.
Acceptable Forms of Service in Kentucky
Kentucky law only specifies methods for serving notice in the state Uniform Residential Landlord and Tenant Act (URLTA). Where the URLTA does not apply, landlords may deliver a written eviction notice by any method that results in actual notice to the tenant. The notice delivery methods required by the URLTA will be legally sufficient anywhere in the state:
- Hand delivery to the tenant
- Delivery by registered or certified mail to the tenant’s address of record (or otherwise last known address)
When sending a notice by mail, add three (3) calendar days to the notice period to account for variability in post office delivery times.
Obtaining Proof of Service in Kentucky
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Registered or Certified Mail – via a return receipt and by completing a Declaration of Service at the time of mailing
Kentucky Eviction and Lease Termination Notice Forms
Notice Form | Grounds |
7 Day Notice To Quit | Eviction for Unpaid Rent |
14 Day Notice To Comply or Vacate | Eviction for Lease Violation |
14 Day Notice To Vacate | Eviction for Repeat Lease Violation
Eviction for Illegal Activity |
7 Day Notice To Vacate | Ending a Weekly Lease |
30 Day Notice To Vacate | Ending a Monthly / Yearly Lease |
10 Day Notice To Vacate | Ending a Tenancy after Written Lease Expires |
Sources
- 1 Ky. Rev. Stat. § 383.560(3)
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(3) A person notifies or gives a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person receives a notice or notification when:
(a) It comes to his attention; or
(b) In the case of the landlord, it is delivered in writing at the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communications, or mailed by certified mail to him at his place of business or at any place held out by him as the place for receipt of any communication;
(c) In the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication, or in the absence of such designation, to his last known place of residence.
Source Link - 2 Ky. R. Civ. P. 6.05
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Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail or electronic service, 3 days shall be added to the prescribed period. This provision shall not apply to the service of summons by mail under Rule 4.01(1)(a).
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