Kentucky Eviction Process: Notices, Forcible Detainer Court and the 7-Day Appeal

In Kentucky, an eviction case is called a forcible detainer . It’s filed in the district court of the county where the rental is [4]. Which notice rules apply depends on where you live. Some cities and counties have adopted the Uniform Residential Landlord and Tenant Act (URLTA), which adds tenant protections. Others haven’t [3].

Does URLTA apply where you live?

Kentucky lets cities, counties and urban-county governments adopt the Uniform Residential Landlord and Tenant Act. If they do, they must adopt it in full and without changes [3]. Where it’s adopted, URLTA sets the notice periods, the landlord’s repair duties and the limits on lockouts and retaliation. Where it isn’t, older statewide rules apply.

Local governments also can’t pass landlord-tenant ordinances that conflict with state law [12]. Your city or county clerk can tell you whether URLTA is in effect.

The notice comes first

Where URLTA applies [1]:

• Unpaid rent: written notice of nonpayment. If the tenant doesn’t pay within 7 days, the landlord can end the lease.
• Other material lease violations: written notice naming the problem and ending the lease no sooner than 14 days after the tenant gets it. If the tenant fixes a fixable problem before that date, the lease doesn’t end.
• The same violation again within 6 months: the landlord can end the lease on at least 14 days’ written notice.

Where URLTA doesn’t apply, a tenancy at will or by sufferance can be ended with one month’s written notice [2].

The court case

After the notice runs out, the landlord files a complaint in district court. The court issues a warrant to the sheriff or a constable, who must notify each tenant of the trial date [4][5]. A tenant who wasn’t notified can’t be evicted in that case. If notice came less than 3 days before trial, the tenant can ask the court to wait until 3 days have passed [5].

The judge hears the case unless one side demands a jury [4]. If the landlord wins, the judgment gives the landlord the premises back, plus court costs [6].

Appeal and the warrant

Either side can appeal within 7 days of the judgment [7]. A tenant who appeals must deposit with the circuit court clerk the rent owed since the case began, and then each month’s rent as it comes due while the appeal is pending [7]. Once that’s done, the eviction is put on hold and the case goes to circuit court [7].

If no appeal is filed by the seventh day, the court issues, on request, a warrant of restitution . It orders the sheriff or a constable to put the landlord back in possession [8].

Tenant protections in URLTA areas

No self-help evictions. A landlord can’t take back a home by locking the tenant out or by cutting heat, running water, hot water, electricity, gas or other essential services, except as URLTA allows [9]. If a landlord does, the tenant can get back in or end the lease, and recover up to three months’ rent plus a reasonable attorney fee [10].

Retaliation is banned. A landlord can’t raise rent, cut services, or file or threaten an eviction because the tenant [11]:

• complained to a housing or building code agency about a violation affecting health and safety,
• complained to the landlord about the landlord’s repair duties, or
• organized or joined a tenants’ union.

A complaint made within one year before the landlord’s action creates a presumption of retaliation [11]. There are exceptions, including when the tenant is behind on rent [11].

Where to get help

• District court clerk’s office in your county: forms, filing fees and court dates.
• Legal aid: Kentucky’s legal aid programs can help eligible tenants answer an eviction.
• A landlord-tenant attorney: worth a call before the trial date, when the most options are open.