If you are being evicted in the state of Kentucky, you may not know how to proceed. Learning about the eviction process in Kentucky can help you understand your rights and options under the law. After reading this guide, you will understand the steps involved in the eviction process in Kentucky and how long each step will take.
Before your landlord can file an eviction lawsuit, he or she must give you time to correct any correctable problems with the lease or late rent. The first step of the eviction process in Kentucky is when your landlord serves you with an eviction notice.
The amount of time that your landlord needs to give you in the notice varies widely. The eviction process in Kentucky is actually two different processes, depending on whether you are in a county that uses the Uniform Residential Landlord and Tenant Act to govern landlord/tenant relations. If you are in one of the counties that uses the Act (Barbourville, Bellevue, Bromley, Covington, Dayton, Florence, Lexington-Fayette County, Georgetown, Louisville-Jefferson County, Ludlow, Melbourne, Newport, Oldham, Pulaski, Shelbyville, Silver Grove, Southgate, Taylor Mill, and Woodlawn Counties), you will be given 7 days of notice for late rent and 14 days' notice for other lease violations.
If your county is not listed above, the eviction process in Kentucky specifies that you must be given a thirty-day eviction notice if there is no notice period specified in your lease (or if you have no lease). If your lease specifies a notice period, your landlord must abide by that.
Court Filings and Hearings
If you do not respond satisfactorily to the eviction notice within the time limit, your landlord can continue the eviction process in Kentucky courts. An eviction lawsuit (called a “forcible detainer” suit in Kentucky) starts when your landlord files a complaint and summons with your local courthouse.
You will be given a writ of forcible detainer by your sheriff when your landlord files for eviction in court. This writ tells you why you are being evicted and also shows you the date of the eviction hearing.
You are not required to attend the hearing, but if you fail to appear, your landlord wins by default and the eviction process in Kentucky will continue. If you win at the hearing, which typically happens because the landlord has breached portions of the lease agreement, your landlord may not evict you and may even be forced to pay damages to you. You may want to consult with a lawyer familiar with the eviction process in Kentucky to better understand your options.
Warrant of Possession
If you lose at the hearing, you will have seven days to appeal. After this period passes (or if you did not appear at the hearing), your landlord will obtain a “warrant of possession,” which allows the sheriff to forcibly remove you from the premises.
This warrant will be posted on the property, along with the date that the sheriff will forcibly remove you from your residence. Your landlord and the sheriff will meet on the appointed day if you have not vacated to have you forcibly removed.