A Kentucky 14 Day Notice To Comply or Vacate is a letter that complies with state legal requirements to begin eviction against a tenant for a “curable” breach of the lease (i.e., one which the tenant is allowed an opportunity to correct), such as failing to comply with health and safety rules. The tenant must take appropriate corrective action or move out within fourteen (14) calendar days of receiving notice.
When To Use a Kentucky 14 Day Notice To Comply or Vacate
A Kentucky 14 Day Notice To Comply or Vacate begins the eviction process for the following tenant violations:
- Failure to comply with health and safety rules
- Causing property damage
- Interference with the quiet enjoyment of neighbors
- Occupancy violation
- Other violations of the lease
Some types of Kentucky lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Kentucky 14 Day Notice To Comply or Vacate
To help ensure the legal compliance of a Notice To Comply or Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy, and the corrective action(s) necessary to avoid termination
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Kentucky 14 Day Notice To Comply or Vacate
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 Notice To Vacate 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.
Sources
- 1 KY Rev Stat § 383.605
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83.605 Tenant’s maintenance obligations. 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.
Source Link - 2 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 - 3 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