Kentucky Forcible Detainer Complaint (Eviction) — District Court

Kentucky Forcible Detainer Complaint

Before you use this: The Kentucky court provides Form AOC-216 for a forcible detainer complaint. Confirm whether the clerk requires that form and transfer these completed allegations to it when required. Use the URLTA grounds below only if the property's local government adopted URLTA.

COMMONWEALTH OF KENTUCKY

[COUNTY] DISTRICT COURT, DIVISION [____]

Case No.: [________________]

Plaintiff's address: [STREET, CITY, STATE, ZIP]

Plaintiff's phone: [________________]

Each defendant's service address: [NAME AND STREET, CITY, STATE, ZIP]

Plaintiff states:

1. Plaintiff is the owner of the premises at [FULL STREET ADDRESS, UNIT, CITY, COUNTY, KY ZIP] (the “Premises”). The Premises, or a principal part of them, lie in this county. This complaint is filed in District Court under KRS § 383.210(1).

2. On [__/__/____], Plaintiff and Defendant(s) entered into a ☐ written ☐ oral rental agreement for the Premises. A copy of the written agreement, if any, is attached as Exhibit A. The tenancy is ☐ for a fixed term ending [__/__/____] ☐ month-to-month ☐ week-to-week ☐ other: [DESCRIBE].

3. Rent under the agreement is $[________] per ☐ day ☐ week ☐ month, payable on the [____] day of each [PERIOD]. Unpaid rent as of [__/__/____], if any, is $[________]. This amount is stated as a fact supporting the selected ground, not as a separate money judgment request in this possession complaint.

4. The basis for ending the tenancy or demanding possession is the following. Complete the applicable option and attach the lease and notices relied upon:

☐ URLTA nonpayment, KRS § 383.660(2). [LOCAL GOVERNMENT] adopted URLTA by [ORDINANCE OR OFFICIAL RECORD]. Rent due [__/__/____] remained unpaid. Plaintiff gave written notice of nonpayment and intent to terminate on [__/__/____]. Seven days after notice elapsed without payment, and Plaintiff terminated the rental agreement on [__/__/____].

☐ URLTA material breach, KRS § 383.660(1). [LOCAL GOVERNMENT] adopted URLTA by [ORDINANCE OR OFFICIAL RECORD]. Defendant materially breached the agreement or applicable statutory duty by [SPECIFIC ACTS AND DATES]. Plaintiff gave written notice specifying the breach on [__/__/____] and stating termination on [__/__/____], a date at least 14 days after receipt that allowed the full 15-day remedy period. The breach remained uncured through that period and was not adequately remedied before the stated termination date. The agreement terminated on [__/__/____].

☐ URLTA repeat breach, KRS § 383.660(1). [LOCAL GOVERNMENT] adopted URLTA by [ORDINANCE OR OFFICIAL RECORD]. Defendant repeated substantially the same breach within six months after the prior notice dated [__/__/____]. Plaintiff gave at least 14 days' written notice specifying the repeated breach and termination date [__/__/____].

☐ URLTA periodic tenancy or holdover, KRS § 383.695. [LOCAL GOVERNMENT] adopted URLTA by [ORDINANCE OR OFFICIAL RECORD]. The tenancy was ☐ week-to-week, terminated after at least seven days' written notice under subsection (1) ☐ month-to-month, terminated by notice at least 30 days before the specified periodic rental date under subsection (2) ☐ a tenancy begun after a written lease ended, terminated after at least ten days' written notice under subsection (3) ☐ that same post-lease tenancy, terminated after rent remained unpaid for ten days after its due date under subsection (3) ☐ expired or terminated without Plaintiff's consent to continued occupancy under subsection (4). Notice, when required, was given on [__/__/____]; the effective termination date was [__/__/____]. State the facts supporting this selection: [________________________________].

☐ Other lease or non-URLTA ground. URLTA does not apply, or a different lawful ground controls. The ☐ fixed term expired ☐ lease was terminated under [IDENTIFY LEASE TERM AND NOTICE] ☐ other lawful basis [IDENTIFY]. State the relevant dates, notice, and facts: [________________________________].

5. Plaintiff gave Defendant(s) written notice to vacate on [__/__/____], by [METHOD], at [DELIVERY ADDRESS]. The notice and delivery record are attached as Exhibit B. For a URLTA notice, identify hand delivery or registered/certified mailing and the address used under KRS § 383.560(3)(c): [________________________________].

6. After expiration or lawful termination of the tenancy, Defendant(s) remained in possession. Plaintiff demanded possession on [__/__/____]. Defendant(s) refused and continue to detain the Premises. The applicable facts establish forcible detainer under KRS § 383.200(3)(a).

7. ☐ Plaintiff demands a jury trial on issues triable by jury under KRS § 383.210(2). ☐ Plaintiff does not demand a jury trial in this complaint.

WHEREFORE, Plaintiff requests judgment for possession of the Premises, costs allowed by law, and any other relief the Court finds proper within this forcible detainer action.

Exhibits attached: ☐ A, written lease ☐ B, notice and proof of delivery ☐ C, rent ledger ☐ D, prior breach notice ☐ E, other [DESCRIBE].

I certify that I am the ☐ owner ☐ attorney for the owner of the property described above and that the facts stated in this complaint are true to the best of my knowledge, information, and belief.

Signature: ______________________________

Printed name and role: [________________________________]

Address: [________________________________]

Phone: [________________]

Date: [__/__/____]

Subscribed and sworn to before me on [__/__/____].

Notary or authorized officer: ______________________________

Title: [________________]

Commission expires: [__/__/____]

Sources and References

• KRS § 383.200 — forcible detainer definition.
• KRS § 383.210 — court, county, and jury demand.
• KRS § 383.240 — judgment and costs.
• KRS § 383.500 — local URLTA adoption.
• KRS § 383.560 — URLTA notice.
• KRS § 383.660 — URLTA tenant breach and rent grounds.
• KRS § 383.695 — URLTA periodic tenancy and holdover.
• Kentucky Court of Justice Form AOC-216 and Circuit Court Clerks' Manual, § 43.