Renting a property can be a complicated process for both the landlord and the tenant. At times, it can become necessary to take legal action against someone renting a property from you. If you are a landlord or property manager, it’s essential to be aware that evicting a tenant is a legal process, and you must follow the legal rules carefully. That’s why it’s advisable to seek the advice of a lawyer if you need to evict a tenant. The following guidance will give you general information about the procedure so that you correctly approach the eviction.

What to Know About Tenant Evictions

Notice With Cause

You should give your tenant an Eviction Notice with Cause when they have done something wrong. They may have broken the terms of the lease or behaved in such a way that you no longer want them to live in your property, such as damaging the property or conducting illegal activities on the premises.

This type of notice usually falls into three categories. The first is a Pay Rent or Quit Notice, which a landlord submits when a tenant hasn’t paid rent on time. In Kentucky, the required notice period is seven days. If the occupant fails to pay during this period, you can begin an eviction lawsuit in court. You will need a lawyer for this, and the tenant may also appoint representation to mount a defense.

Another option for landlords is to use a Fifteen-Day Notice to Remedy, also known as a Cure or Quit Notice. This gives tenants 15 days to fix any violation of the lease. If they violate the contract in the same way within six months, the landlord can issue a Fourteen-Day Unconditional Quit Notice. This is a notice that the tenant must be out within 14 days regardless of whether they fix the violation.

Notice Without Cause

Some landlords want to evict tenants even when the tenants have done nothing wrong. This is not legal in Kentucky, and landlords must wait until the lease expires before they can ask the tenant to leave. If the tenant is on a month-to-month contract and there is no legal cause to evict, the landlord must issue a 30-day notice.

Winning a Lawsuit

If you have to undertake a lawsuit because a tenant failed to vacate after Notice With Cause, you will have to win the suit for the tenant to be evicted. Even if you win, bear in mind that you cannot physically remove the tenant yourself, and you should leave this to law enforcement. You should never force the occupant to leave by taking measures such as turning off utilities or removing their property while they aren’t home. 

If you need to evict a tenant, Williams, Hall & Latherow, LLP, in Ashland, KY, has a team of experienced lawyers to guide you through the whole process. Having served the entire state of Kentucky since 2000, they cover many other areas of law, including personal injury, medical negligence, and mediation. To schedule a consultation, call (606) 329-1919 today or visit their website.