If you are a landlord in one of Kentucky’s 19 jurisdictions that have adopted the Uniform Residential Landlord and Tenant Act (URLTA), a recent court case decided by the Kentucky Court of Appeals originating out of Pulaski County gives you more definitive guidance as to how to provide 30 days notice to terminate a month-to-month lease.
With 120 counties and 116 district judges, ambiguities in the law can result in varying determinations from the bench throughout the Commonwealth. After hearing an appeal of the case Young v. House, the Court of Appeals should make rulings more consistent when it comes to the 30 day notice terminating a month-to-month tenancy.
The statute found at KRS 383.695(2) states: “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.”
We now know after the Young case that this does not mean simply any 30-day period, but you must give notice that is at least 30 days prior to the next periodic rental date. In this case, the notice was given on August 8. The next periodic rental date was September 1, which was less than 30 days away. As a result, the notice should have given the tenants until September 30 to vacate not merely September 8. The tenant must be given notice at least 30 days prior to end of the rental period, which may be more than 30 days from the notice date.
If you need assistance with the forcible detainer process, contact us to help walk you through the eviction process.
