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  1. #1
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    Oct 2012
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    Default Evicting a Boyfriend Who Hasn't Paid Rent

    My question involves an eviction in the state of: KY
    My boyfriend was supposed to pay rent on September 23 and has not. He is looking for another place to live and said it could take months and he is refusing to pay any further rent. I am going to give him a Kentucky Notice to Comply or Quit. Since we don't have a written agreement, I am the sole owner of the house, do I have to give him 30 days' notice from today (10/7) to move, or 30 days from when he didn't pay rent (9/23). From what I've read, I can merely post the notice on the door, is that correct as well? Any way to get him out sooner?

  2. #2
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Evicting Boyfriend Who Hasn't Paid Rent; No Written Lease; Ky

    According to this, the eviction process in KY depends on which county you reside in. http://www.evictionresources.com/evi...n_process.html

  3. #3
    Join Date
    Jan 2006
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    38,867

    Default Re: Evicting a Boyfriend Who Hasn't Paid Rent

    383.660 Tenant's noncompliance with rental agreement -- Failure to pay rent.


    (1) Except as provided in KRS 383.505 to 383.715, if there is a material
    noncompliance by the tenant with the rental agreement or a material noncompliance
    with KRS 383.605 or 383.610, the landlord may deliver a written notice to the
    tenant specifying the acts and omissions constituting the breach and that the rental
    agreement will terminate upon a date not less than fourteen (14) days after receipt of
    the notice. If the breach is not remedied in fifteen (15) days, the rental agreement
    shall terminate as provided in the notice subject to the following. If the breach is
    remediable by repairs or the payment of damages or otherwise and the tenant
    adequately remedies the breach before the date specified in the notice, the rental
    agreement shall not terminate. If substantially the same act or omission which
    constituted a prior noncompliance of which notice was given recurs within six (6)
    months, the landlord may terminate the rental agreement upon at least fourteen (14)
    days' written notice specifying the breach and the date of termination of the rental
    agreement.

    (2) If rent is unpaid when due and the tenant fails to pay rent within seven (7) days after
    written notice by the landlord of nonpayment and his intention to terminate the
    rental agreement if the rent is not paid within that period, the landlord may
    terminate the rental agreement.


    (3) Except as provided in KRS 383.505 to 383.715, the landlord may recover damages
    and obtain injunctive relief for any noncompliance by the tenant with the rental
    agreement or KRS 383.605 or 383.610. If the tenant's noncompliance is willful the
    landlord may recover actual damages and reasonable attorney's fees.
    If he does not comply with the demand, you will have to file a forcible detainer action with the courts:


    383.200 Definitions of forcible entry and detainer.


    (1) The words "possession," "entry," "detainer," in KRS 383.200 to 383.285, refer to
    lands and tenants.


    (2) A forcible entry is:


    (a) An entry without the consent of the person having the actual possession;

    (b) As to landlord, an entry upon the possession of his tenant at will or by
    sufferance, whether with or without the tenant's consent.


    (3) A forcible detainer is:

    (a) The refusal of a tenant to give possession to his landlord after the expiration
    of his term; or of a tenant at will or by sufferance to give possession to the
    landlord after the determination of his will;


    (b) The refusal of a tenant of a person who has made a forcible entry to give
    possession, on demand, to the person upon whose possession the forcible
    entry was made;


    (c) The refusal of a person who has made a forcible entry upon the possession of
    one who acquired it by a forcible entry to give possession, on demand, to him
    upon whose possession the first forcible entry was made;


    (d) The refusal of a person who has made a forcible entry upon the possession of
    a tenant for a term to deliver possession to the landlord, upon demand, after
    the term expires; and, if the term expires whilst a writ of forcible entry sued
    out by the tenant is pending, the landlord may, at his cost and for his benefit,
    prosecute it in the name of the tenant.
    here is a page from Jefferson County KY on evictions. It should give you most of the answers you need, or direction to find them:
    http://www.jcsoky.org/evictions.htm

    - - - Updated - - -

    Quote Quoting mmmagique
    View Post
    According to this, the eviction process in KY depends on which county you reside in. http://www.evictionresources.com/evi...n_process.html
    that's odd that some counties would somehow be exempt from state law.

  4. #4
    Join Date
    Oct 2012
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    3

    Default Re: Evicting a Boyfriend Who Hasn't Paid Rent

    Thank you for the assistance. What if I want him out no matter what, even if he does come up with the rent in 7 days. I no longer want him here - our relationship is over and he just wants to live here until he can save up money to move and I don't want to support him.

  5. #5
    Join Date
    Jan 2006
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    38,867

    Default Re: Evicting a Boyfriend Who Hasn't Paid Rent

    383.195 Termination of tenancy at will or by sufferance. In those jurisdictions where the Uniform Residential Landlord and Tenant Act is not in effect, a tenancy at will or by sufferance may be terminated by the landlord giving one (1) month's notice, in writing, to the tenant requiring him to remove. Effective: July 13, 1984 History:Created 1984 Ky. Acts ch. 176, sec. 44, effective July 13, 1984

    383.695 Periodic tenancy -- Holdover remedies. (1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven (7) days before the termination date specified in the notice. (2) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days before the periodic rental date specified in the notice. (3) The landlord or the tenant may terminate a tenancy begun upon the termination of a written lease by written notice given to the other at least ten (10) days before the termination date specified in the notice, except that if the tenant fails to pay rent within ten (10) days after the day it becomes due, the landlord may terminate the tenancy at any time without notice. (4) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord may also recover an amount not more than three (3) months' periodic rent or threefold the actual damages sustained by him, whichever is greater, and reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, KRS 383.565(3) applies
    I don't know which county you are in so I do not know of the which of those statutes applies to you. I suspect your local courthouse will have that specific information available to you.

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default Re: Evicting a Boyfriend Who Hasn't Paid Rent

    What if I want him out no matter what, even if he does come up with the rent in 7 days.
    You'll have to give him 30 days notice that you are terminating the tenancy. If he doesn't leave at the end of the 30 days, you'll still have to commence eviction proceedings.

  7. #7
    Join Date
    Oct 2012
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    3

    Default Re: Evicting a Boyfriend Who Hasn't Paid Rent

    I am in Bullitt county, which isn't under the Uniform Residential Landlord and Tenant Act. Is there a particular form I need to use for eviction? The Notice to Terminate Tenancy refers to the landlord/tenant act, so I don't think that's the correct form. Is it OK to just type up a letter stating that I am terminating the tenancy or do I have to use a particular form? He's being a real jerk and says he has a family attorney who will help him for free, so I want to make sure I use the correct form/verbage to get this guy out!

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