Walk It Through: The Eviction Notice
A late month, a seven day notice, a forcible detainer, a counterclaim, and a complaint made last spring.
In a county under the landlord tenant act, a tenant misses rent and gets a written notice of nonpayment and intent to end the lease.
Two things a person in this spot might do. Picking one shows what the law says about it.
A nonpayment eviction under the act. Ending a lease for another breach, a holdover after the term, and what the sheriff does after judgment are not walked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Material breachA failure by the landlord affecting health and safety that the tenant may name in a written notice ending the agreement at least 30 days out unless fixed in 14 days.
- Uniform Residential Landlord and Tenant ActThe rental law in KRS 383.505 to 383.705, which applies only where a city, county or urban county government has adopted it, whole and without amendment.
- RetaliationA landlord raising rent, cutting services, or bringing or threatening eviction because the tenant complained about conditions or joined a tenants' union.
- Forcible detainerThe court case for an eviction: a tenant's refusal to give up possession after the term ends, or after a tenancy at will or by sufferance is ended.
- Tenancy at willA tenancy with no fixed end, which, where the landlord tenant act is not in effect, a landlord ends with one month's written notice.
- Good faithSeeking medical help for an overdose genuinely, which protects the caller and the person overdosing from possession and paraphernalia charges from evidence found because of it.