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Originally Posted On: https://www.cashofferky.com/louisville-eviction-process/
The Louisville eviction process will never be stress-free or enjoyable for either you or your tenant, but it’s something that will have to be done to sell your property.
We’re not about to show you how to evict a tenant through rose-tinted glasses. However, we will show you the ins and outs, guiding you through the entire process. So, by the end of our discussion, you’ll feel more confident about your situation and ready to begin the Louisville eviction process.
In short, you’re in exactly the right place. Okay, take a deep breath, and let’s jump right into it!
The Estimated Louisville Eviction Process Timeline
Everybody’s situation is different. Evicting a tenant might take longer for you than it did for your friend. That’s just the way the cookie crumbles.
With that said, you should expect the process to be done and dusted within 3 to 6 weeks, depending on the eviction type and whether your area has passed the Uniform Residential Landlord and Tenant Act.
Now the general timeline is out of the way, let’s take a closer look at each step of the “how to evict a tenant” journey.
Step 1. Eviction Notice
You can start the Louisville eviction process in multiple ways and for several reasons. These include:
- Failure to pay rent — In Kentucky, you must issue a seven-day notice of nonpayment before you begin eviction proceedings. After that, you issue the eviction notice, which tells them of your intention 14 days before. Then, on the 15th, you can legally begin the evicting a tenant proceeding.
- End of lease term — This is the least stressful reason! Your tenant should’ve already been aware of the impending end of the term and looked for housing in advance.
- Violation of rental agreement — In this case, you can give the tenant an opportunity to correct the problem before beginning the formal Louisville eviction process.
Notes on Selling Your Property and Evicting a Tenant
Confusingly, selling your house isn’t a reason to evict tenants. Starting the eviction process before you’ve sold your property is illegal. However, you can still show the abode to potential purchasers while ensuring you stick to your tenants’ rights.
Once you’ve sold the property, the Louisville eviction process can continue.
A Deeper Dive Into End of Lease Eviction
Yep, we’re still on step one! We know it’s a long one, but there are different ways to start evicting a tenant based on its reason. So, in order to give you the full scoop, we need to get into the nitty-gritty.
Typically, this eviction type applies when you don’t want to renew the rental agreement and your tenants have (quite literally) overstayed their welcome.
The amount of notice you must provide depends on the type of tenancy and the Act we touched on earlier. You can use the below as a general guide:
|Tenancy Type||Notice Period|
|Expiration of written lease||10 days|
|The location hasn’t adopted the Act||30 days|
A Deeper Dive Into Violation of Agreement Eviction
When starting the Louisville eviction process, for this reason, you need to give your tenants a 14-day notice. There are plenty of ways your tenants might violate the written lease, including damaging the building, subletting, and having a pet. If they don’t correct the problem within this timeframe, then you can continue with the rest of the steps.
Step 2. Complaint Filed and Served
Now, the next part of your how to evict a tenant procedure is to file a complaint at the correct court. It costs around $40, with an extra fee if a forceable removal is necessary (hopefully, you can avoid this!).
The complaint and summons must be served to your tenant by the district constable/sheriff 3 days before the eviction hearing. They’ll do this in one of three ways:
- Handing a copy to the tenant in person
- Mailing a copy to the tenant
- Leaving a copy with the tenant’s relative
Step 3. The Hearing
Nowhere in Kentucky state law on how to evict a tenant does it say how quickly the hearing will be held. So instead, local jurisdictions (county and district courts) decide. At this point, you may be dealing with Kentucky squatters in your house. Time is of the essence to get them out ASAP.
The court notifies both you and the tenant of the hearing date in plenty of time. But there’s no need for the tenant to provide written confirmation of attendance. It’s expected that they will adhere to the Louisville eviction process. If the tenant does not attend the hearing, the judge will likely issue a default judgment in our favor. In other words, the tenant has to leave your property.
The judge will issue a writ of restitution if they rule in your favor. But the evicting a tenant procedure will stop if your tenant files an appeal within 7 days of the judgment.
Step 4. Writ of Restitution Issued
This is your tenant’s final notice to leave the property. It gives them enough time to take their possessions. The time limit starts as soon as the writ is issued and not when delivered to the tenant.
Step 5. Repossession of Property
Once the writ has been issued, tenants have 7 days to get out. Repossession occurs if they didn’t leave within the timeframe.
Don’t Do This When Evicting a Tenant
You can now consider yourself somewhat of a “dab-hand” at the Louisville eviction process. But it’s worth keeping the following tips in mind to ensure you stand the best chance at success when evicting a tenant:
- Don’t enter the property without notice — Even though you own the property, you can’t just a rented house whenever you want. At least 24-hour notice is required. You must also state the reason for access.
- Don’t unjustifiably raise the rent — Some landlords have tried to increase the rent to improve their Louisville eviction process chances. But this is against the law. You can only legally raise the rent in certain circumstances.
- Don’t discriminate — The Fair Housing Act of 1968 forbids you from going through the Louisville eviction process because of sexuality, familial status, race, national origin, gender, or disability.
We’re sure you weren’t about to learn how to evict a tenant to do it illegally. But it’s better to be safe than sorry!
How to Write a Louisville Eviction Notice
For the final part of our ultimate guide on how to evict a tenant, we’ll touch on the basics of an eviction notice. If you’ve never written one before, it seems like a daunting task. But we’ve got your back.
The notice should include:
- Tenant name and address
- Eviction reason
- Required move out date
- Statement of how you’ll deliver the notice (must be personally delivered or posted somewhere visible, it cannot be mailed)
Handy tip: Try a Kentucky eviction notice template. That way, you can be certain everything is included.
How to Evict a Tenant: Consider It a Job Well Done
There you have it; you’re practically a Louisville eviction process expert! With our guide to hand, you can navigate the somewhat murky waters of the how to evict a tenant procedure.
As you’ll understand by now, it really isn’t fun. But your newfound knowledge will help you get it over and done with ASAP!