Eviction Law & Tenants Rights in Kentucky
Due Process in Kentucky Public Housing
- Renters in Kentucky should learn all their legal rights.Kentucky state contour against blurred USA flag image by Stasys Eidiejus from Fotolia.com
The renter facing eviction in all types of housing is entitled to due process which Princeton University defines as "the administration of justice according to established rules and principles." The tenant has rights and the landlord has an obligation to justify eviction. The Department of Housing and Urban Development (HUD) specifically defines "the elements of due process" as they apply to residents of Kentucky in public housing. HUD dictates that the following protections must be implemented to ensure equity:
l) Adequate notice to the tenant of the grounds for terminating the tenancy and for eviction
2) Right of the tenant to be represented by counsel
3) Opportunity for the tenant to refute the evidence presented by the PHA (Public Housing Agency) including the right to confront and cross-examine witnesses and to present any affirmative legal or equitable defense which the tenant may have
4) A decision on the merits
Exceptions to Due Process
Kentucky Evictions Notice Required
- The tenant must be provided with a court order notice.blank card #3 image by Adam Borkowski from Fotolia.com
A series of Kentucky Revised Statutes (KRS 383 series) describe laws and procedures related to landlord-tenant relations and eviction in the state. According to the Office of the Attorney General in Kentucky, "If you fail to pay rent on time or break any rules of the landlord or provision of the lease, the landlord can go to court and may get an eviction notice", but "The landlord must inform you first of this intention." Also the landlord "cannot remove your possessions without a court order."
- Some violations require a 14-day notice.calendar with bow image by Photoeyes from Fotolia.com
If the renter violates a rental agreement, the landlord may give the renter a fourteen-day notice requiring correction. An example of a violation or breach of agreement is ownership of a pet in a rental unit that prohibits pets. The landlord would give the renter 14 days to remove the animal. If the tenant does not correct the breach of rental agreement within 14 days, the landlord can end the rental agreement.
- The period of tenancy varies.calendar image by Szymon Apanowicz from Fotolia.com
The tenant signs a contract indicating the length of his or her stay in the Kentucky rental unit. If the landlord wants to terminate a week-to-week tenancy, he must provide notice seven days prior to the date the tenancy ends. Termination of a month-to-month tenancy requires 30 days notice. Termination of a lease for periods greater than a month requires only a ten-day notice prior to the end of the lease period. If the landlord sends notice to the renter, and the renter fails to pay the rent within ten days of it being due, the landlord can then terminate the lease without notice. However, the renter is still entitled to due process.