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Read further to learn more about the eviction process in Kentucky and how many days’ notice are required in which situations.
What’s an Eviction Notice?
An eviction notice is a legal form of disclosure that lets a tenant know that they are in clear violation of their lease agreement, and either need to correct the issue or vacate the premises.
With an eviction notice in the state of Kentucky, many will expect a landlord to send out these types of notices when the tenant has not paid their rent in a timely fashion. However, these notices can also be used when the tenant has failed to meet the terms of the lease in another way. This can mean that they are being excessively loud late at night, they have a pet in a unit where pets are not permitted, or they are violating the terms of the lease in some other way.
There are several different types of eviction notices that a tenant could be served, and the one that they receive will differ based on the reason for the eviction. The notice is called a notice to quit, and it will provide the tenant with a certain amount of days that they will have in order to remedy the situation. If the tenant is not able to pay what is owed, they will be able to make arrangements with the landlord before the eviction moves forward in most cases. If the issue that is stated on the eviction form cannot be rectified, the tenant will also have the option to move off of the property before the number of days that the notice has provided passes.
Types of Eviction Notices
In most states, there are going to be a few different types of eviction notices that a tenant can receive. In Kentucky, they are:
Seven-Day Notice to Quit
This is a type of notice that is served to tenants who have not paid their rent on time. It is designed to let them know that they have seven days to pay the amount that is in arrears or to vacate the property. The total amount that is due should be listed on the document so that the tenant has a detailed record of what is owed.
15-Day Notice to Quit
This is the type of eviction notice that a tenant will receive when they have been non-compliant with the terms of the lease. This means that they have broken the terms of the lease in some way other than not paying the rent. The notice gives the tenant 15 days to correct the violation so that they can continue living on the premises, but if it cannot be corrected, the tenant will need to vacate the property. This notice should explain what the non-compliance is so that it can be addressed by the tenant.
14-Day Notice to Quit
This is another type of eviction notice that can be given to a tenant that has been non-compliant with the terms of the lease. It is a document that is given to the tenant when they have the same non-compliance issue within six months of the last notice to quit. This type of notice does not allow the tenant time to fix the matter at hand, but rather, it will let them know that they have 14 days to vacate the property.
30-Day Notice to Terminate
This is a type of notice that is only given to tenants who have a month-to-month lease agreement. It’s not an eviction notice because the lease renews each month, but because of this design, the landlord must send a notice to the tenant when they would like to end the lease and keep it from renewing. This notice can be sent for any reason, but the reason that the lease is being terminated should be listed on the document as well.
How to Write a Notice to Quit in Kentucky
When writing a notice to quit, there are going to be certain aspects of the document that need to be included when you write each type. Since all of the notices will vary slightly, the most important sections that will need to be added to the final document that is presented to the tenant will include:
Prepare the Paperwork
Before starting on the document, it is imperative that the landlord has all of the essential information about the tenant and the property in order so that it can be written properly on the eviction notice. If anything is written incorrectly, the document will not be able to stand it ground legally. The best way to make sure that all of the information that you need is correct is to use the actual lease agreement that is already drawn up. This will allow the landlord to check the spelling of the names, the dates of the lease, and the actual address of the property. If any of this information is incorrect, the eviction could be determined invalid.
Date the Notice
At the top of any of these eviction notices, the first thing that should be seen is the date that it was written. Make sure that the month, day, and year are all present so that there is a legal record of when the notice was sent.
Name the Recipient
Under the date, the next thing that needs to be defined in the document is going to be the recipient or the tenant. In this space, the tenant’s full legal name, which is used in the original lease, must be provided. In addition, when there is more than a single tenant living in the unit, the name of all of the tenants must be located on the document in order for the eviction notice to be viable. So that the form does not need to be rewritten for every tenant who requires a notice, the landlord can write up the document and leave eight blank spaces that can be filled in when the document needs to be served.
Define the Property
After the tenant is defined, the address of the property where they are staying needs to be written in the document as well. This will include the full street address as well as the unit number and the county. Typically, this section of the document will read as follows: “ The premises herein referred to is located in the city of _______________, county of______________, state of Kentucky, in Zip code _____, designated by the number and street as ________________________________________________.”
State the Reason for the Notice
After everything else has been defined in the document, the next part that needs to be covered in will be the reason that the notice to quit was sent to begin with. There are a few reasons that a tenant may receive this type of notification, and they can be designated to a specific box on the document. When it comes to options, the first box that should be covered is going to be set aside for the non-payment of rent. If this box is checked, the total amount that is due will need to be listed as well as the amount of time that the landlord is permitting the tenant to get the account in order. This amount should include any late fees as well.
The second option that can be checked off will have to do with non-compliance. If this is the first notice about a particular issue, then this is the box that will need to be checked off. It will permit the tenant a period of time in which they can either fix the issue or vacate the property. If this is not the first notice of this type, then it should be noted in this section as well because the tenant’s options will become limited to vacating the property at this point.
The last option that can be checked off in this section of the document is designated for tenants who have a month-to-month lease that is ending. This type of document will need to arrive 30 days before they are being asked to vacate the property.
Establish the Intent of the Landlord
Towards the bottom of the document, the landlord will need to declare their intent in sending the document to the tenant. This is basically a signature that signifies that they are serious when it comes to the notice that was sent. The notice should state that if the tenant does not comply with the demands of the notice that was sent out, the landlord plans to follow through with eviction proceeding that will help the landlord to legally recover the property from the tenant. If the matter does go to court, this notice should state that the tenant will be responsible for covering the legal costs of the matter. Under the statement, the landlord will need to sign and date the document as well.
Certificate of Delivery
When the document is finished, it will need to be delivered to the tenant in a specific way. This is a method that the landlord can use to prove that the tenant received the notice and that they were aware of the situation before it escalated and went to legal proceedings. There will be a space for the agent who is delivering the notice to write down the date that it was delivered, the person that it was delivered to, and the method that was used.