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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
