When you are done reading about the Kentucky Eviction Process below, we recommend you purchase the corresponding Kentucky Eviction Notice to be delivered to your Tenant.
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Kentucky Eviction Laws
In the state of Kentucky, the eviction law depends on what county the property is in. If the property is in Barbourville, Bellevue, Bromley, Covington, Dayton, Florence, Lexington-Fayette County, Georgetown, Louisville-Jefferson County, Ludlow, Melbourne, Newport, Oldham, Pulaski, Shelbyville, Silver Grove, Southgate, Taylor Mill, or Woodlawn County, then the eviction law that applies is the Uniform Residential Landlord and Tenant Act that is found in Section 500 of the Kentucky Revised Statutes. The Kentucky law for Forcible Entry and Detainer is found in Section 200 of the Kentucky Revised Statutes.
Kentucky Eviction Notice
The first step in the Kentucky Eviction Process is the landlord serving (delivering) the tenant with a Kentucky Eviction Notice. The Eviction Notice is different depending on why the landlord needs to evict the tenant, and whether the property is in one of the counties listed above that follows the Uniform Residential Landlord and Tenant Act.
For Counties listed above that use the Uniform Residential Landlord and Tenant 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):
If the landlord needs to evict the tenant for non-payment of rent (most common reason), the landlord needs to serve the tenant with a 7 Day Eviction Notice. This will give the tenant 7 days to pay the rent, and threatens them with an eviction lawsuit if they do not. If the landlord needs to evict the tenant because the tenant has breached the lease in some manner (drug activity, unauthorized pet, disturbances, etc.) the landlord must give the tenant a 14 Day Eviction Notice. This will give the tenant 14 days to fix the problem, and threatens them with an eviction lawsuit if they do not. If the landlord simply wants to end a month-to-month tenancy, or does not want a lease to automatically renew (non-renewal) the landlord should send a 30 Day Eviction Notice to the tenant, telling them when they must vacate.
For all other Counties not listed above that do NOT follow the Uniform Residential Landlord and Tenant Act:
The landlord should look at the lease to see what the notice period is to evict. If there is no lease, or if the lease does not say what the notice period is, then the landlord must serve the tenant with a 30 Day Eviction Notice. This notice must be served by either hand delivering it to the tenant, leaving it with an adult who lives at the property, or leaving it in a conspicuous place on the property (a place where the tenant will find it).
Forcible Detainer Suit
What if the landlord has given the notice to the tenant, waited out the notice period (7 Days for Non-Payment Cases), but the tenant is still there? The landlord must now seek relief in court. The landlord should go to the Small Claims court for the jurisdiction where the property sits. The court clerk will tell the landlord if they are in the right court. The landlord should tell the clerk that they want to file an eviction case, and the clerk will give the landlord the proper forms to fill out. There will be a filing fee. The court clerk will set a Court Date for the eviction case, and will have the local Sheriff deliver what is called a “Writ of Forcible Detainer to the tenant. This Writ will tell the tenant that they are being sued for eviction, and when and where the court date will be.
Going to Court
The landlord must be present at the court date in order to win the eviction case. If the tenant does not show up, then the landlord will win automatically. It is very important that the landlord bring all possible evidence to court in order to prove their case to the judge. Examples of things to bring are leases, rent receipts, a copy of the eviction notice, witnesses, photographs, etc. If the landlord and tenant both show up, then they will each have a change to speak to the judge and present evidence. The judge will then rule on the case. If the judge rules for the landlord, the judge will give the tenant a certain number of days to either vacate the property or appeal (usually 7 days).
7 Days to Appeal
If the tenant appeals the original order, then the landlord must continue to show up at the new hearings in order to prove their case. If the tenant does not appeal, and still has not vacated after the 7 days, the landlord must move on to the next step, Warrant of Possession.
Warrant of Possession
If the tenant has not vacated or appealed after the time given by the judge, the landlord must go back to the court clerk and request a “Warrant of Possession. This is also called a “Set-Out” Warrant. It will be issued by the court and will be posted by the Sheriff on the property. Then the Sheriff and the Landlord will meet at property at a designated time to remove tenant and the tenant’s property. The landlord should follow all the Sheriff’s instructions closely.
Go Back to Court to Recover Back Rent or Money Damages
If the judge in the original court case only awarded possession, then the landlord may need to go back to court after the eviction process to sue for back rent owed or money damages.
Next Step: We recommend you purchase the corresponding Kentucky Eviction Notice to be delivered to your Tenant.
This site strives to have the most current information on state eviction laws and forms, however, legislatures and judges’ rulings are always changing the laws. The information on this site is to be used as a guide, and is not to be used as legal advice, or as a substitute for the advice of an attorney. If you believe any information on this site is incorrect or needs to be updated, please Contact Us immediately.