By Type (4)
7-Day Notice (Non-Payment of Rent) – When the tenant fails to pay rent at the time and place mentioned in the lease. The tenant is given seven days to pay the amount due or the lease terminates. |
14-Day Notice (Non-Compliance) – If the tenant commits a material noncompliance, the tenant shall have the notice period to cure the issue. This includes illegal activities or an extended absence of more than seven days. |
14-Day Notice (Materially Affecting Health and Safety) – If the tenant is affecting health and safety, this can be remedied by repairing or replacing a damaged item or cleaning. |
30-Day Notice (Terminate a Month-to-Month Lease) – Thirty days’ notice must be provided if the landlord or tenant decides to terminate a month-to-month lease. |
Eviction Laws
- Rent Grace Period: No grace period. Rent is payable at the time and place agreed upon by the parties.[1]
- Non-Payment of Rent: 7 days.[2]
- Non-Compliance: 14 days.[3]
- Affecting the Health and Safety. 14 days.[4]
- Termination (Month-to-Month Lease): 30 days.[5]
- Eviction Lawsuit: Forcible Entry and Detainer.[6]
Prohibited Landlord Actions
Utility Shutoff: The landlord must provide essential utilities and services to the tenant’s property which complies with applicable building and housing codes.[7] If the landlord fails to provide heat, running water, hot water, electricity, gas, or other essential services, the tenant can attempt to provide it on their own and deduct such amounts from the rent (in addition to collecting damages).[8]
Changing the Locks: The landlord cannot change the locks unless express permission is granted by a local court.[9]
Court Forms
Notice of Hearing Trial by the Court (Form AOC-215): Also known as a “summons,” it is issued by a local court to specify when a trial date is scheduled.
Forcible Detainer Complaint (Form AOC-216): Filed with the court by the landlord to start the eviction process.
Forcible Detainer Judgment (Form AOC-217): Issued by a local court when the tenant is found guilty of forcible detainer.
Forcible Detainer Settlement Agreement (Form AOC-218): When a landlord and tenant have come to an agreement during the eviction process (outside of the court).
Warrant for Possession (Form AOC-220): Issued by the court when the tenant is found guilty of forcible entry and refuses to vacate the property.
How to Evict a Tenant (6 steps)
1. Delivering Notice
Choose one of the following:
- 7-Day Notice (Non-Payment of Rent)
- 14-Day Notice (Non-Compliance)
- 14-Day Notice (Materially Affecting Health and Safety)
- 30-Day Notice (Terminate a Month-to-Month Lease)
The landlord must deliver notice either “in hand to the tenant or mailed by registered or certified mail” at the tenant’s residence.[10] A tenant is considered to have received notice when they have:
- Actual knowledge of it;
- Received a notice or notification of it; or
- Has reason to know it exists.[11]
2. Court Filing
If the tenant does not respond to the eviction notice and remains on the property, the landlord can file a small claims case (find court locations).
The landlord will need to file the following forms:
- Copy of the eviction notice (sent to the tenant).
- Notice of Hearing Trial by the Court (Form AOC-215)
- Forcible Detainer Complaint (Form AOC-216)
- Forcible Detainer Judgment (Form AOC-217)
Although the filing fee is $40 under state law,[12] it can vary by county.
3. Serve Summons to Tenant
After filing, the landlord must have a local county Sheriff’s office send the tenant a copy of the Notice of Hearing Trial by the Court.
Sheriff’s fee is $60[13] with the accepted payment methods by check or money order (cash is not accepted). Credit cards are accepted with an additional fee.[14]
5. File a Warrant of Possession
If the tenant remains on the property after the seven days given to appeal, the landlord can file a Warrant for Possession (Form AOC-220). This allows the judge to enter into a “set-out” warrant that sets a date for the landlord and sheriff to enter the property and place the tenant’s belongings outside the property.[17]
6. Moving Out the Tenant
When arranging with the Sherriff to move out the tenant’s possessions, the landlord is required to do the following:
- Must have at least three individuals ready to move the tenant’s possessions (five individuals if it’s a single-family residence);
- One hour to move-out the possessions (elect to have more people to help if necessary);
- Tenant’s possessions must be placed in front of the property and one foot from the curb and not blocking the sidewalk;
- Tenant’s possessions must be placed for at least forty-eight hours before they can be removed; and
- Landlord must change the locks with the sheriff.[18]
Sources
- KRS § 383.565(1)
- KRS § 383.660(2)
- KRS § 383.660(1)
- KRS § 383.665
- KRS § 383.695(2)
- KRS § 383.200 to § 383.285
- KRS § 383.595(1)
- KRS § 383.640
- Kentucky Legal Aid – Evictions (Housing Topics)
- KRS § 383.560(3)(c)
- KRS § 383.560(1)
- Ky. R. Civ. P. 3.03(1)(i)
- KRS § 64.090(2)
- Jefferson County Sheriff’s Office – Frequently Asked Questions
- Jefferson District Court – Court Appearance Information
- KRS § 383.255(1)
- Ohio County Sheriff’s Office – How the Eviction Process Works
- Jefferson County Sheriff’s Office – Evictions