From start to finish, an eviction in Kentucky can be completed in 3 to 6 weeks. However, it can take longer depending on the type of eviction and whether or not the rental unit has adopted the Uniform Residential Landlord and Tenant Act.
Grounds for an Eviction in Kentucky
In Kentucky, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:
- Not paying rent on time
- Staying after the lease ends
- Violating lease terms
Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 7 Days | Yes |
| End of Lease or No Lease | 30 Days | No |
| Lease Violation | 14 Days | Maybe |
Nonpayment of Rent
In Kentucky, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 7 days’ notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Kentucky the day immediately after its due date. Kentucky landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
If rent is due on December 1st, it will be considered late starting on December 2nd, unless the lease specifically states there is a grace period.
No Lease or End of Lease
In Kentucky, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, they must first terminate the tenancy by giving proper notice to move out.
For tenants who reside in a rental property that has adopted the Uniform Residential Landlord Tenant Act, a 30 days’ notice to vacate can be given for tenants that pay month-to-month.
For rental properties that have not adopted the Uniform Residential Landlord and Tenant Act, a 1 month’s notice to vacate can be given for tenants that pay month-to-month.
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In Kentucky, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Kentucky landlord tenant law.
Landlords must allow tenants to fix (“cure”) the issue to avoid eviction. Regardless of the issue, the landlord must give 14 days’ notice to fix the issue or vacate. If the issue is not fixed, the landlord may file the eviction lawsuit on the 15th day.
Tenant responsibilities include:
- Complying with all building and housing codes that materially affect health and safety
- Keeping the premises clean and safe
- Disposing all garbage, ashes and waste in a clean and safe manner
- Keeping all plumbing fixtures clean
Examples of lease violations:
- Having an unauthorized pet or guest
- Parking in an unauthorized area
- Not maintaining a certain level of cleanliness
- Illegal activity
If the tenant lives on a rental property that has adopted the Uniform Residential Landlord and Tenant Act and repeats the violation within a 6-month period, the landlord does not have to offer the tenant a second chance to fix it and may serve them a 14 days’ notice to vacate.
Illegal Evictions in Kentucky
In Kentucky, any of the below is illegal. If found liable, the landlord could be required to pay the tenant an amount equal to three times the periodic rent and reasonable attorneys’ fees.
“Self-Help” Evictions
A landlord is not allowed to attempt to forcibly remove a tenant by:
- Changing the locks
- Shutting off utilities
- Removing tenant belongings
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining about housing or building code violations to the landlord
- Filing a complaint to a government authority about a housing or building code violation
- Joining a tenant’s union or similar organization
Steps of the eviction process in Kentucky:
- Landlord serves tenant with written notice of violations
- Landlord files complaint with the court for unresolved violations
- Court holds hearing and issues judgment
- Writ of restitution is issued
- Possession of property is returned
Step 1: Landlord Serves Notice To Tenant
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.
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
7-Day Notice To Pay Rent or Quit
If a tenant is late on paying rent (full or partial) in Kentucky, the landlord can serve them a 7-Day Notice To Pay or Quit. This notice gives the tenant 7 days to pay the entire remaining balance or vacate the premises.
30-Day Notice To Quit
For a tenant with no lease or a month-to-month lease (and has adopted the Uniform Residential Landlord Tenant Act) in Kentucky, the landlord must serve them a 30-Day Notice To Quit end the tenancy. This eviction notice allows the tenant 30 days to move out.
For tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No Statute |
| Year-to-Year | No Statute |
1-Month Notice To Quit
For a tenant with no lease or a month-to-month lease (and has not adopted the Uniform Residential Landlord Tenant Act) in Kentucky, the landlord can serve them a 1-Month Notice To Quit. This notice gives the tenant 30 days to vacate the premises.
14-Day Notice To Cure or Vacate
In Kentucky, if a tenant commits a violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 14-Day Notice To Cure or Vacate. This eviction notice gives the tenant 14 days to fix the issue or move out. The landlord may file the eviction lawsuit on the 15th day.
14-Day Notice To Quit
In Kentucky, if a tenant commits a repeated violation of their lease or legal responsibilities within 6 months (and the rental property has adopted the Uniform Residential Landlord and Tenant Act), the landlord can serve them a 14-Day Notice To Quit. This eviction notice gives the tenant 14 days to move out without the chance to cure the issue.
Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, Kentucky landlords must file a complaint (or “warrant”) in the appropriate court. For example, in Jefferson County, the filing fee is $185 and an additional $40 per tenant if a forcible removal by a sheriff is requested.
The summons and complaint must be served on the tenant by the sheriff or constable at least three days prior to the eviction hearing, through one of the following methods:
- Giving a copy to the tenant in person
- Leaving a copy with the tenant’s family member
- Posting a copy at the rental unit AND mailing a copy to the tenant via regular (first class) mail
The summons and complaint must be served on the tenant at least 3 days prior to the eviction hearing.
Step 3: Court Holds Hearing and Issues Judgment
Kentucky state law doesn’t address how quickly the eviction hearing must be held after the summons and complaint is issued. The local jurisdiction shall determine the timeframe.
Tenants are not required to file a written answer in order to appear at the hearing and object to the eviction. However, if the tenant fails to appear for the hearing, the case will not be continued. The judge may issue a default judgment in favor of the landlord, meaning the tenant will have to move out.
If the judge rules in favor of the landlord, a writ of restitution will be issued and the eviction process will continue.
Tenants may file an appeal, but it must be done within 7 days of the date the judgment was issued in favor of the landlord, depending on whether or not the rental property is in a location that has adopted the Uniform Residential Landlord and Tenant Act.
The eviction process will be stopped while the appeal is being decided, meaning the tenant will not have to move out unless the appeals court rules in favor of the landlord or returns the case to the lower court, which rules in favor of the landlord.
If no appeal is filed, the eviction process will continue.
Step 4: Writ of Restitution Is Issued
The writ of restitution is the tenant’s final notice to leave the rental unit, and gives them the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove the tenant.
The writ of restitution may be issued immediately at the hearing; but it can’t be executed until 7 days after the judgment has been issued in favor of the landlord.
The tenant will be forcibly removed from the rental unit if they don’t move out before the writ is executed.
The writ of restitution may be issued at the hearing.
Step 5: Possession of Property is Returned
Tenants will have 7 days to move out of the rental unit once the writ of restitution has been issued. This time period begins when the writ is issued by the court, not when the writ is delivered to the tenant.
The tenant has 7 days once the writ of restitution has been issued to gather their belongings and move out before a law enforcement officer is allowed to forcibly remove them from the property.
Kentucky Eviction Process Timeline
In Kentucky, an eviction can be completed in 3 to 6 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Kentucky eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 7-30 Calendar Days |
| Court Issuing Summons | 3 Business Days |
| Court Serving Summons | 3 Business Days |
| Tenant Response Period | 7 Business Days |
| Court Ruling | 3-28 Business Days |
| Court Serving Writ of Restitution | Immediately |
| Final Notice Period | 7 Calendar Days |
Flowchart of Kentucky Eviction Process
Kentucky Eviction Court Fees
The average cost of an eviction in Kentucky for all filing, court, and service fees is $170. However, the cost can vary by service and eviction execution fees. Eviction lawsuits are filed in District Court.
| Fee | District |
| Initial Court Filing | $40 |
| Summons Service | ~$70 |
| Warrant of Possession Execution | ~$60 |
| Notice of Appeal (Optional) | $150 |
Sources
- 1 KY Rev Stat §383.660 (2020)
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(2) If rent is unpaid when due and the tenant fails to pay rent within seven (7) days after written notice by the landlord of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period, the landlord may terminate the rental agreement.
- 2 KY Rev Stat §383.695 (2020)
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(1) …week-to-week tenancy by a written notice…at least seven (7) days before the termination date specified in the notice. (2) …month-to-month tenancy by a written notice…at least thirty (30) days before the periodic rental date specified in the notice. (3) …may terminate a tenancy begun upon the termination of a written lease by written notice…at least ten (10) days before the termination date specified in the notice…
- 3 KY Rev Stat §383.195 (2020)
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In those jurisdictions where the Uniform Residential Landlord and Tenant Act is not in effect, a tenancy at will or by sufferance may be terminated by the landlord giving one (1) months’ notice, in writing, to the tenant requiring him to remove.
- 4 KY Rev Stat § 383.660(2021)
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(1)…the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen (14) days after receipt of the notice. If the breach is not remedied in fifteen (15) days, the rental agreement shall terminate as provided in the notice subject to the following. If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the landlord may terminate the rental agreement upon at least fourteen (14) days’ written notice specifying the breach and the date of termination of the rental agreement.
- 5 KY Rev Stat § 383.605 (2021)
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A tenant shall:
(1) Comply with all obligations primarily imposed upon tenants by applicable
provisions of building and housing codes materially affecting health and safety;
(2) Keep that part of the premises that he occupies and uses as clean and safe as the
condition of the premises permit;
(3) Dispose from his dwelling unit all ashes, garbage, rubbish, and other waste in a
clean and safe manner;
(4) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as
their condition permits;
(5) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating,
air-conditioning and other facilities and appliances including elevators in the
premises;
(6) Not deliberately or negligently destroy, deface, damage, impair or remove any part
of the premises or knowingly permit any person to do so; and
(7) Conduct himself and require other persons on the premises with his consent to
conduct themselves in a manner that will not disturb his neighbors’ peaceful
enjoyment of the premises - 6 KY Rev Stat § 383.655 (2021)
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…the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than three (3) months periodic rent and a reasonable attorney’s fee. If the rental agreement is terminated, the landlord shall return all prepaid rent.
- 7 KY Rev Stat § 383.705 (2021)
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(1) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after:(a)The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety;(b)The tenant has complained to the landlord of a violation under KRS 383.595;(c)The tenant has organized or become a member of a tenant’s union or similar organization.
- 8 KY Rev Stat §383.245 (2020)
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(1) …he may file an appeal within seven (7) days next after the finding aforesaid, and shall deposit with the circuit court clerk the amount of rent owing and due from the onset of the forcible entry and detainer proceedings… (2) Upon the aggrieved party perfecting his appeal by the payment of moneys into court…the court shall stay all further proceedings on the inquisition…
- 9 KY Rev Stat §383.245 (2020)
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If the party against whom the inquisition is found fails to file an appeal of the inquisition with the court, on or before the seventh day after the finding of the inquest, the court shall, on request, issue execution for the costs; and, if the inquisition be in favor of the plaintiff, it shall also issue a warrant of restitution…
- 10 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 - 11 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).
Source Link
