Renting your house, apartment, duplex, or other buildings can be a good source of residual income. Unfortunately, there are times when tenants default on the terms of their lease, whether because of a failure to pay rent or other breach of the contract. Kentucky statutes include specific rules and requirements that landlords must follow when renting and when removing a tenant from the premises. It’s important to discuss with an attorney your rights and responsibilities, either as landlord or tenant.

Rental Agreement

While a rental agreement, or lease, can be oral, it is better to have a written agreement between both parties. This helps protect you in the case that the other party fails to carry out their responsibilities (i.e. defaults).

Having a written agreement helps ensure that both parties understand, for instance, which bills they are responsible for (e.g. utilities or property taxes) and who is responsible for insurance for the buildings and contents (e.g. whole property insurance or renter’s insurance).

Our attorneys can help you draft a rental agreement that helps protect your interests. Contact us today to find out more information.

Evictions

The first step in the eviction process is to ensure that the tenant has materially broken some part of the landlord-tenant contract or lease agreement. The most common reason a lease is broken is that the tenant failed to make payment of the rent as agreed upon, but it may also include other issues like noise or nuisance or destruction of the property. The eviction process may also be necessary in those cases where the lease term has ended, and the tenant has refused to return possession of the premises back to the landlord.

The next step would be posting a 30-day notice to the tenant. This does not have to be hand delivered to them, and it is not required to be mailed via certified mail. Instead, it can be as simple as posting the notice on the entrance door to the residence. It should be posted in a conspicuous place that no reasonable person would be able to miss. (It’s advisable to take a picture of the posted notice to prove that it was indeed served on the residence. The court may not require such evidence to be submitted, but it may be beneficial should a dispute arise as to proper notice.)

Should the renter fail to move out, then the next step would be to file a forcible detainer action with the court. If you own the residence in the name of a business, you must hire an attorney to file this action.