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Kentucky Landlord - Tenant Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Landlord - Tenant for Kentucky on
Q: What time of attorney should I seek?

I just found out that my brother and i co own a home (bc our mother died) with our aunts. My grandmother has been gone 9 years (mom almost 11 years). I rented her home from my aunt's for 3 years and 8 months without knowing I was a co owner. I paid roughly 25 000 in rent. Do I have a case? And... View More

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2024

A Kentucky attorney could advise best, but your question remains open for two weeks. What kind of attorney? Maybe a starting point would be an attorney who deals with wills and estates (it looks like you're already pointed in the right direction with your selection of the "Estate... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Landlord - Tenant for Kentucky on
Q: I need attorney who can see how big of a case I have and help me do something about it? someone should have helped me

Not too long ago our circuit court clerk made national headlines when she violated a gay couple. They sued and won. The city had 2 pay 4 violating the constitutional rights of that couple. I said that 2 say this town won't change till theyreforced 2. despite me calling on every legal... View More

James L. Arrasmith
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answered on Jul 21, 2024

I'm really sorry to hear about what you've been through. You should find a lawyer who can help you hold your landlord accountable for his actions and the severe harassment you’ve faced. It’s important to document all instances of harassment, threats, and any disconnection of... View More

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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2 Answers | 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

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1 Answer | Asked in Civil Rights and Landlord - Tenant for Kentucky on
Q: Hot water tank has gone out for the whole apartment building, it has been 5 days, what can I do?
James L. Arrasmith
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answered on Oct 23, 2024

I'm sorry to hear you're dealing with a hot water outage in your building. Start by reaching out to your building management or landlord to inform them of the issue if you haven't already. They might already be aware, but it's important to ensure they're addressing it... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Kentucky on
Q: How long before I receive my rent portion letter from section 8 after renewing lease? It’s been over 3 months now.

My landlord states my rent portion with section 8 went up due to an increase in income but I have lost hours due to chemo treatments. How long does it take for them to provide proof or documentation of the increase?

Timothy Denison
Timothy Denison
answered on Sep 10, 2024

60-90 days at the bare minimum

1 Answer | Asked in Contracts, Land Use & Zoning and Landlord - Tenant for Kentucky on
Q: A household member committed a crime and was arrested on the property of an apartment we are leasing, can we be evicted?

The household member had recently been charged with wanton endagerment, and criminal mischief to a place outside of the property we are renting, and they gave us a 14 day notice to quit the premises stating kentucky statute 383.660, The one arrested isn't going to be coming back to premises,... View More

Timothy Denison
Timothy Denison
answered on Aug 29, 2024

Yes, although you may have some defenses. Consult an attorney and give him all the facts of your case before you take any action.

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.

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