Evicting a tenant is not as simple as putting an eviction notice on their door. Whatever the reason for eviction may be, landlords must follow the legal requirements and respect tenants’ rights.
Failing to follow due process can put landlords in an even tougher spot, possibly even a lawsuit from the tenant. To avoid legal consequences, here is what landlords should know:
What are acceptable and nonacceptable reasons for eviction?
Kentucky’s eviction laws help property owners handle violations of landlord-tenant agreements. Here are the most common reasons for valid eviction:
- Failure to pay rent
- Violation of lease terms
- Significant property damage
- Illegal activities on the property
On the other hand, landlords cannot evict tenants because of the following:
- Discriminatory reasons based on race, religion, gender, etc.
- Retaliation for tenant complaints about living conditions
- During a fixed-term lease without cause
Most importantly, landlords must not evict tenants without proper notice and legal procedures.
What notices can landlords serve?
If a landlord has a good legal reason for eviction, they can start the eviction process by serving the tenant with a notice. There are three different types:
- Seven-day notice to pay rent: A landlord can give this notice when a tenant does not pay the rent. This notice informs the tenant that they have seven days to pay the rent or the landlord will terminate the agreement.
- 14-day notice to remedy: This is applicable when a tenant breaks the lease agreement. The tenant will have 14 days to fix the violation or the landlord will end the agreement.
- 14-day unconditional quit notice: If a tenant receives a 14-day notice to remedy and commits the same violation within six months, the landlord can serve them a 14-day unconditional quit notice. The tenant will not have a chance to fix the violation and the landlord can end the tenancy on the 14th day.
In most cases, these notices are enough to motivate tenants to fix the issue.
What are the next steps in the eviction process?
If a tenant does not comply with the eviction notice, their landlord can file an eviction lawsuit. Upon filing, the court will schedule a hearing to allow both parties to explain their side.
If the court sides with the landlord, it will issue a writ of possession, which will allow the landlord to reclaim the property.
Legal guidance can be invaluable in eviction proceedings. Attorneys can help landlords follow the correct process and address any issues that may arise.