Kentucky 30 Day Notice To Vacate

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A Kentucky 30 Day Notice To Vacate is a letter that complies with state legal requirements to terminate a tenancy at will as well as a month-to-month or year-to-year lease. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.

When To Use a Kentucky 30 Day Notice To Vacate

A Kentucky 30 Day Notice To Vacate terminates the following types of tenancy in places which have enacted the Kentucky Uniform Residential Landlord and Tenant Act (URLTA) : [1] [4] [5]

Unlike most states, a 30 Day Notice To Vacate is not required for an expired lease in places subject to the URLTA. Landlords and tenants in these areas may terminate with a 10 Day Notice To Vacate.

In places which have not enacted the URLTA, this notice terminates the following types of tenancy:

Some types of Kentucky lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.

How To Write a Kentucky 30 Day Notice To Vacate

To help ensure the legal compliance of a Notice To Vacate:

  1. Use the full name of the receiving parties, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Fill in the full address of the rental premises
  4. Provide updated/current address and phone number information
  5. Print name and sign the notice
  6. Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature

It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered , not when it’s sent.

How To Serve a Kentucky 30 Day Notice To Vacate

Kentucky law only specifies methods for serving notice in the state Uniform Residential Landlord and Tenant Act (URLTA). Where the URLTA does not apply, landlords and tenants may deliver a written Notice To Vacate by any method that results in actual notice to the other party. The notice delivery methods required by the URLTA will be legally sufficient anywhere in the state: [2]

  1. Hand delivery to the other party
  2. Deliveries to the landlord only : Delivery to the landlord’s place of business by any effective method
  3. Deliveries to the tenant only : Delivery by registered mail to the tenant’s address of record (or otherwise last known address)
  4. Delivery by certified mail to the other party’s address of record (or otherwise last known address)

When sending a notice by mail, add three (3) calendar days to the notice period to account for variability in post office delivery times. [3]

In almost all cases, notice is legally served when it is received by the other party , NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

Kentucky Uniform Residential Landlord and Tenant Act

The following counties and cities have enacted the Uniform Residential Landlord and Tenant Act (URLTA), as of the time of writing: [6]

Counties:

Cities:

If the property you are renting is not located in any of the cities or counties on the above list, then the Kentucky Uniform Residential Landlord and Tenant Act does not apply to you.

Sources

The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days before the periodic rental date specified in the notice.

(3) A person notifies or gives a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person receives a notice or notification when:

(a) It comes to his attention; or

(b) In the case of the landlord, it is delivered in writing at the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communications, or mailed by certified mail to him at his place of business or at any place held out by him as the place for receipt of any communication;

(c) In the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication, or in the absence of such designation, to his last known place of residence.

Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail or electronic service, 3 days shall be added to the prescribed period. This provision shall not apply to the service of summons by mail under Rule 4.01(1)(a).

In those jurisdictions where the Uniform Residential Landlord and Tenant Act is not in effect, a tenancy at will or by sufferance may be terminated by the landlord giving one (1) month’s notice, in writing, to the tenant requiring him to remove.

The landlord or the tenant may terminate a tenancy begun upon the termination of a written lease by written notice given to the other at least ten (10) days before the termination date specified in the notice, except that if the tenant fails to pay rent within ten (10) days after the day it becomes due, the landlord may terminate the tenancy at any time without notice.

The Kentucky Landlord/Tenant Act (officially known as the Uniform Residential Landlord Tenant Act, or URLTA) – The Kentucky Landlord/Tenant Act only applies in: Pulaski County, Oldham County, Jefferson County, Fayette County, Barbourville, Bellevue, Bromley, Covington, Dayton, Florence, Georgetown, Ludlow, Melbourne, Newport, Silver Grove, Southgate, Shelbyville, Taylor Mill, and Woodlawn.