The Kentucky eviction notice form is a legal document landlords use to initiate removing a tenant from a rental property. This notice is required under Kentucky law when a tenant has violated their lease terms or failed to pay rent. The form specifies the reason for eviction, such as non-payment of rent or other breaches of the lease agreement.
The notice period can vary depending on the violation. For example, landlords must provide a seven-day notice to pay or vacate for non-payment of rent. The eviction notice form is essential in maintaining legal protections for the landlord and the tenant so that all proceedings are secured under state laws.
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Under Kentucky Revised Statutes, Section 383.660, the process is clearly defined for when a tenant’s actions constitute a breach of the rental agreement. Specifically, the statutes delineate the steps a landlord must take to lawfully evict a tenant for reasons such as failure to pay rent or other violations of the lease terms.
The law stipulates that if a tenant materially fails to comply with the rental agreement terms, the landlord can issue a written notice specifying the nature of the breach. This notice informs the tenant that they have a specific timeframe — usually not less than fourteen (14) days — to remedy the issue. If the tenant addresses the breach within fifteen (15) days, the rental agreement continues without termination.
However, if the tenant fails to correct the breach or repeats a similar violation within six (6) months of prior notice, the landlord is entitled to terminate the rental agreement with at least fourteen (14) days written notice.
Moreover, the landlord must give the tenant seven (7) days’ notice in unpaid rent cases. The landlord may terminate the rental agreement if the tenant does not pay the overdue rent within this period.
| Rent Grace Period | Not Defined |
| Notice of Non-Payment | 7 days |
| Notice of Non-Compliance | 15 days |
| State Laws | Kentucky Revised Statutes, Sections 383.500 to 383.715 |
In Kentucky, the eviction process is initiated through specific types of notices, depending on the nature of the violation or the tenancy terms.
Notice to Pay or Quit
In cases of rent nonpayment, landlords in Kentucky typically issue a “Notice to Pay or Quit.” According to Section 383.660(2), this notice requires that tenants be given seven days to settle any outstanding rent. Failure to comply within this timeframe allows the landlord to proceed with eviction actions. This notice is strictly used when rent payment delinquency is the issue.
Notice to Cure or Quit
A “Notice to Cure or Quit” is used for violations other than non-payment of rent, as Section 383.660(1) prescribes. This document notifies tenants of specific breaches of the lease agreement, excluding rent issues, and provides them a 14- to 15-day window to rectify these breaches. The rental agreement is sustained if the tenant resolves the issue within the allotted time. Conversely, if the tenant fails to remedy the breach or a similar infraction recurs within six months, the landlord can terminate the rental agreement following another notice.
Notice for Periodic Tenancy Termination
Kentucky Revised Statutes, Section 383.695, provides guidelines for terminating periodic tenancies, such as month-to-month leases. Landlords or tenants can end a month-to-month tenancy with this notice, which must be delivered at least thirty days before the desired end date corresponding with the rental period. Week-to-week tenancies require a notice period of at least seven days. This type of notice facilitates a smooth transition for both parties to make alternate arrangements.
The eviction process in Kentucky is a legally structured procedure landlords must follow to remove a tenant from their property.
Issuing an Eviction Notice
The process begins with the landlord delivering an eviction notice to the tenant, specifying reasons such as non-payment of rent, lease violations, or the end of a month-to-month tenancy. This notice, which can be hand-delivered or sent via certified mail, must comply with Section 383.660, outlining the necessity for clear communication of the lease breach and the timeline for rectification.
Filing an Eviction Lawsuit
If the tenant does not remedy the breach within the given time or if the violation is non-remediable, the landlord can file a Forcible Detainer Complaint (AOC-216) with the District Court of the county where the property is located, as per Section 383.210. This filing initiates the formal eviction lawsuit.
Summons and Hearing Notice
Upon filing, the court issues the tenant a summons and a Notice of Eviction Hearing Trial (AOC-215). Service of these documents must be completed at least three days before the hearing (Section 383.215), ensuring the tenant has adequate notice to prepare for the court date.
Court Hearing and Judgment
At the eviction hearing, both landlord and tenant present their arguments and evidence. The judge then issues a judgment based on the merits of the case. If the judgment favors the landlord, a Warrant for Possession (AOC-220) is issued, as Section 383.240 directs the tenant’s removal.
Execution of Eviction
Should the tenant not appeal the judgment within seven days (Section 383.255) or vacate the premises, the sheriff, following the Warrant for Possession, forcibly removes the tenant and restores possession to the landlord.
Other Eviction Notice Forms by State