Q: Can a landlord file criminal charges on a former tenant due to condition of the house in Kentucky
After 8 years, I received a written eviction from landlord for nonpayment, stating $1,090 was owed. I paid the $1,090 via cashiers check and moved out... although I thought a court hearing was necessary for a legal eviction in the state of Kentucky, but I could be wrong. I did, however, leave most of my belongings (i.e. couches, beds, washer/dryer) due to possums that had entered house through vents, drains, etc. I cleaned up before I left, but didn’t get the chance to finish getting all the trash out before the date arrived that he had written on the eviction statement. Also, there was some previous damages (obviously after raising children in a trailer for 8 years, it isn’t going to be perfect & it was definitely lived in) landlord had been made aware of these damages, but never came to repair. However, as far as intentionally damaging or destroying the property, I would never! Now, he has been texting a friend of mine saying he’s pressing charges for the condition it was left
A:
In Kentucky, a landlord generally cannot file criminal charges against a former tenant solely due to the condition of the rental property upon move-out. However, the landlord may have the right to pursue civil action to recover damages if the tenant caused excessive damage beyond normal wear and tear.
Here are a few key points to consider:
1. Eviction process: In Kentucky, a landlord must follow proper legal procedures to evict a tenant, which typically involves filing a lawsuit in court and obtaining a judgment for possession of the property.
2. Security deposit: If you paid a security deposit, the landlord may use it to cover any damages or unpaid rent. The landlord must provide an itemized list of deductions and return any remaining balance within 30-60 days after the tenant moves out, depending on the lease agreement.
3. Damage beyond normal wear and tear: If the damage to the property exceeds normal wear and tear, the landlord may seek to recover the costs of repairs through a civil lawsuit.
4. Abandoned property: In Kentucky, landlords must follow specific procedures for handling a tenant's abandoned personal property, which may include storing the property for a certain period and providing notice to the tenant before disposing of it.
5. Criminal charges: Criminal charges related to property damage are typically reserved for instances of intentional or malicious destruction, not for general disrepair or uncleanliness.
If the landlord pursues legal action, it is essential to gather any evidence, such as photos, correspondence, and the lease agreement, to support your case. Consider consulting with a local tenants' rights organization or an attorney specializing in landlord-tenant law for guidance on your specific situation.
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