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Kentucky Landlord - Tenant Questions & Answers
1 Answer | Asked in Bankruptcy, Consumer Law and Landlord - Tenant for Kentucky on
Q: Did my landlord violate the automatic stay ?

I filled bannkrupy by myself may 17. Landlord was very much aware of my bankruptcy. Landlord filed evictions on me June the 7th with no premision from the court. I got served with eviction papers June 11. Landlord filed a motion to dismiss the eviction the day before eviction court but I still went... View More

James L. Arrasmith
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answered on Jul 2, 2024

Based on the information provided, it appears that your landlord may have indeed violated the automatic stay that goes into effect when you file for bankruptcy. Let's break this down:

1. You filed for bankruptcy on May 17.

2. The automatic stay goes into effect immediately upon...
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1 Answer | Asked in Landlord - Tenant and Civil Rights for Kentucky on
Q: Eviction and arrest

I have a friend who was being evicted from their apartment, right before eviction court they had gotten arrested. The court proceeding continued, and now the landlord and property manager had already began taking out valuable things in their apartment, even before the eviction have been decided on... View More

James L. Arrasmith
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answered on Jun 21, 2024

This situation raises several legal concerns. Let me break down the key issues and provide some general information:

1. Eviction process:

Generally, landlords must follow proper legal procedures for eviction, which typically includes:

- Providing proper notice

-...
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1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: My non rent paying grandson has been gone for 2 months but has a deadbolt lock on his door and refuses to get his things

He is 36 and has never offered to help out with anything

John Michael Frick
John Michael Frick
answered on Jun 6, 2024

Rent a storage unit. Pay one month's rent. Remove the deadbolt. Move his stuff into the storage unit. Tell him where it is and that you have paid one month's rent. He is free to continue to store it there if he pays the monthly rent, or he can retrieve his stuff and move it somewhere... View More

1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: I paid the application fee for this apartment then on March 28 paid $350 down deposit can I get my deposit back

Didn't sign a lease or was never shown the apartment didn't move in

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you provided, it seems that you paid an application fee and a down deposit of $350 for an apartment, but never signed a lease or were shown the unit. In this situation, your ability to get your deposit back depends on a few factors:

1. The terms of the application...
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1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: Q: My landlord is charging me $500.00 more than the $1,250 this month for late charge and plumbing services this legal

Q: My landlord is charging me $500.00 more than the $1,250 this month for late charge and plumbing services this legal

I live at fieldstone apartments in Frankfort KY my landlord threatened me with a 7 day pay rent or quit notice she wants me to pay $298 for plumbing services and $206.71... View More

James L. Arrasmith
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answered on Apr 5, 2024

Whether the extra charges from your landlord are legal depends on a few factors:

1. Late fees: Most states have laws limiting how much landlords can charge for late rent payments. In Kentucky, late fees must be reasonable and specified in the lease agreement. A late fee of $206.71 on a...
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1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: How to get someone out of a house you own that never has paid rent or had a lease?

My brother died and his daughter was staying with him before he died. The house I own they lived in at the time of his death and now she will not leave. How to kick her out? State is KY. Do I have to evict or can I just change the locks and remove her stuff. She is a on drugs so I’m afraid of... View More

James L. Arrasmith
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answered on Mar 31, 2024

I understand this is a difficult and stressful situation. I'm sorry for the loss of your brother. Here are a few thoughts on how to handle this legally and safely:

In Kentucky, even without a formal lease, the niece would likely be considered a tenant-at-will since she was living there...
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1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: I'm on hud & my landlord with no notice took Physical action. Changed Locks ,gave my propertie away &car & i got2kids

Do I have a lawsuit and what action do I take.

James L. Arrasmith
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answered on Mar 31, 2024

I'm so sorry to hear about your difficult situation. Based on what you've described, it does sound like your landlord may have acted illegally. In most jurisdictions, landlords must provide proper notice and go through a formal eviction process before locking tenants out, even if the... View More

1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: I have/had it's complicated but a storage unit where I have 24 hour access me and my ex boyfriend had gotten into a disa

Disagreement and he called the police and he was made to leave the storage is soly mine and everything in it well the owner of the storage facility works across the parking lot at his laundry mat and my ex went and told him some stuff which at the time the police were there the owner came over as... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information provided, it seems that your rights as a tenant in the storage facility may have been violated. Here are some steps you can take to protect your property and assert your rights:

1. Review your lease agreement: Check your rental agreement to see if the owner has the...
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1 Answer | Asked in Landlord - Tenant for Kentucky on
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... View More

James L. Arrasmith
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answered on Mar 31, 2024

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... View More

1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: Landlords lawyer sent us a letter giving us 30 days to vacate. Can they do this?

The windows don’t open and that’s against code. The house is old and has lead paint, which they never disclosed.

They’re citing this portion of the lease.

13. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly untenantable by fire, storm,... View More

James L. Arrasmith
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answered on Mar 30, 2024

Receiving a letter from your landlord's attorney demanding you vacate can be unsettling, especially under circumstances involving potential safety and health violations like unopenable windows and undisclosed lead paint. It's important to closely review the section of your lease that has... View More

1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: I received a letter yesterday from the Louisville Metro Housing Authority Section 8. It said that I was overpaid.

I rented my house from 2014-2017. Section 8 made direct deposit payments. When the renter moved out, she notified section 8 and they discontinued payments to me. They began making payments to the renters new apartment. Do I need to pay the overpayment?

T. Augustus Claus
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answered on Feb 13, 2024

If the Louisville Metro Housing Authority Section 8 has informed you of an overpayment for the period you rented your house to a Section 8 tenant from 2014 to 2017, the general principle is that you may indeed be responsible for repaying any amounts that were overpaid to you. Typically,... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Kentucky on
Q: Can I request a judge to quickly rule on a single motion for Writ of possession, or will I have to file a civil lawsuit?

I have belongings at my girlfriends house and she wont give the rest of my stuff back. If I ask her to let me get my stuff she'll say I'm harassing her, and thats nowhere near the case. We broke up last weekand she brought much of my stuff outside.

I had new items inside her... View More

James L. Arrasmith
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answered on Dec 23, 2023

In Kentucky, retrieving your belongings from an ex-partner's property can be a delicate legal matter. If amicable resolution attempts fail, you have a couple of legal options to consider.

Firstly, you could file a small claims action if the value of your belongings is within the small...
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1 Answer | Asked in Civil Rights, Employment Law and Landlord - Tenant for Kentucky on
Q: I live and previously worked for hotel 8 months can they just fire me and call police and make me leave without eviction

I have worked as on site maintenance at woodspring suites hotel for 8 months , they refused to pay me any overtime, will not pay me for on call time , which I have been on call every other day from clock out till 8 am next morning and not allowed to leave the property during this time. I have now... View More

James L. Arrasmith
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answered on Nov 24, 2023

In your situation, there are a few key legal issues to consider. Firstly, regarding your employment and unpaid overtime, you have rights under labor laws. Since you mention being on call and not being paid appropriately, you might have a claim for unpaid wages. It's important to document all... View More

2 Answers | Asked in Landlord - Tenant for Kentucky on
Q: Can my landlord send a locksmith to change my lock if I stay past my end-of-lease agreement?

My lease ended Sept 30 but I’m a single parent with no help and I’ve been having to wait until I had the money to get a storage unit to put my things in which I will finally have Wednesday of this coming week. The landlord is threatening to send a locksmith tomorrow to change the locks so all... View More

Randy R Babi
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answered on Oct 8, 2023

In general, landlords are often required to follow specific eviction processes before changing the locks or taking any other action to remove a tenant. This typically includes providing notices and potentially going through court processes.

In Michigan, you may be protected by state laws...
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1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: I am being harassed and intimidated by my landlord, her husband and neighbors, what can I do?

They called cps on me with false allegations and she had me served with court papers today she's suing me for 3,000 dollars,, she has done everything against my tenants rights

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

You should obviously file an answer to the small claim lawsuit filed against you explaining why you either do not owe the $3,000 or detailing your payment(s) if you admit owing the money but claim that you have paid it.

Under the circumstances, the most cost-effective solution is to move at...
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1 Answer | Asked in Landlord - Tenant and Civil Litigation for Kentucky on
Q: My ex-wife got served papers from old landlord for damages done to the property. Does he need to physically serve me in

Kentucky? This is where i have lived for the past 4 months and have claimed permanent residence here. Just need some advice on my next steps. My name and new address is on the papers he served to ex-wife.

T. Augustus Claus
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answered on Aug 21, 2023

n Kentucky, if you've established permanent residence there for the past four months and your new address is included on the papers served to your ex-wife, it's possible that the service of legal documents might be considered valid. This could be due to substitute service, where documents... View More

1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Kentucky on
Q: My mom died 2 yes agoand I lived with her took care of her till she passed and still living in the home my child hood

Home that's been in my family for over 30 years and I signed a waiver for probate hearing to appoint my brother as administrator of estate cause my mom dies without a will but my brother and my mom both was homeowners on the land house deed anyways my brother told me I could live here till I... View More

Timothy Denison
Timothy Denison
answered on Jan 1, 2023

Yes. Your brother can sell it and the new owner can have you removed. With no will, mothers estate will be divided among her children so you will have to either buy out their shares or sell your share and receive the money.

1 Answer | Asked in Consumer Law, Landlord - Tenant and Small Claims for Kentucky on
Q: Can my landlord win eviction in court if he has neglected to repair sewage leaking into my apartment?

March-June, sewage has been raining into my apartment's laundry area, specifically from the apartment upstairs' toilet when they flush. There is mold, and of course human waste coming down into my unit. Landlord was notified in March and after many requests through messages, nothing gas been fixed

Timothy Denison
Timothy Denison
answered on Jun 18, 2024

It really depends on what other evidence, if any, he has and whether you were constructively evicted from your rental. You will probably at least be given a hearing.

1 Answer | Asked in Contracts, Land Use & Zoning and Landlord - Tenant for Kentucky on
Q: Landlord put two homes on lot. Verbally said no more. Why I rented. Generic lease. Preparing to put another home on lot.

Anything I can do since the very reason I chose to rent here was the amount of outdoor space/yard? One year lease was signed first of April.

Timothy Denison
Timothy Denison
answered on Jun 13, 2024

Most likely not but depends on terms of lease.

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Kentucky on
Q: Seller wants a 30 day lease back option after closing. Will seller have full tenant rights after 30 days or during?
Timothy Denison
Timothy Denison
answered on Mar 14, 2024

Depends solely upon the terms of the lease and whether that is permitted under the lease agreement.

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