Kentucky Forcible Detainer Complaint (Eviction) — District Court

Forcible Detainer Complaint (Eviction)

Table of Contents

1. Court Caption
2. Parties and Jurisdiction
3. The Premises and the Tenancy
4. Jurisdictional Track (URLTA vs. Non-URLTA)
5. Predicate Notice and Service
6. Grounds for Forcible Detainer
7. Demand and Refusal
8. Damages and Other Relief
9. Jury Demand (Optional)
10. Verification
11. Exhibits
12. Sources and References

1. Court Caption

COMMONWEALTH OF KENTUCKY
[____] DISTRICT COURT
[____] DIVISION
Case No. [____]

FORCIBLE DETAINER COMPLAINT

(KRS § 383.200 et seq.; KRS § 383.660 [if URLTA]; AOC-216)

2. Parties and Jurisdiction

1. Plaintiff [LANDLORD NAME] is the [☐ owner ☐ authorized agent ☐ property manager] of the residential premises that are the subject of this action and is entitled to possession thereof.

2. Plaintiff's mailing address is [________________________________] and telephone number is [____________].

3. Defendant [TENANT NAME] is, on information and belief, an adult person in possession of the premises located at [ADDRESS], [CITY], [COUNTY] County, Kentucky [ZIP] (the "Premises").

4. Defendant [ADDITIONAL TENANT / OCCUPANT] is, on information and belief, [☐ a co-tenant ☐ an occupant ☐ a known household member] in possession of the Premises.

5. This Court has subject-matter jurisdiction under KRS § 24A.120(2) (District Court jurisdiction over forcible entry and detainer) and venue is proper in this County under KRS § 383.205 because the Premises are located within this County.

3. The Premises and the Tenancy

6. The Premises are residential real property located at: [ADDRESS], [CITY], [COUNTY] County, Kentucky [ZIP], more particularly described as: [unit / apartment / lot description].

7. On or about [__/__/____], Plaintiff and Defendant(s) entered into a [☐ written ☐ oral] rental agreement for the Premises (the "Lease"). A true and correct copy of any written Lease is attached as Exhibit A.

8. The Lease provided for: (a) rent of $[________] per [☐ month ☐ week] payable on the [____] day of each [month/week]; (b) a security deposit of $[________] [☐ paid ☐ not paid] held in account [____________________] (KRS § 383.580); (c) term: [☐ month-to-month ☐ week-to-week ☐ fixed term beginning [__/__/____] and ending [__/__/____]]; (d) other material terms as set forth in the Lease.

4. Jurisdictional Track (URLTA vs. Non-URLTA)

9. Track [☐ URLTA ☐ Non-URLTA].

10. If URLTA: The Premises are located within [CITY/COUNTY], which has adopted the Uniform Residential Landlord and Tenant Act ("URLTA"), KRS § 383.500 – § 383.715, by ordinance number [____] adopted on [__/__/____].

11. If Non-URLTA: The Premises are not located within an URLTA-adopting jurisdiction. The Lease and the general forcible-entry-and-detainer statutes (KRS § 383.200 et seq.) govern this action.

5. Predicate Notice and Service

12. Ground for eviction (check applicable):

☐ (A) Nonpayment of rent (URLTA) — KRS § 383.660(2). Plaintiff served Defendant with a 7-day Notice to Pay Rent or Quit on [__/__/____]. (Exhibit B.)

☐ (B) Material noncompliance with rental agreement (URLTA) — KRS § 383.660(1). Plaintiff served Defendant with a 14-day Notice to Cure or Quit on [__/__/____]. (Exhibit B.)

☐ (C) Repeat substantially-similar breach within 6 months (URLTA) — KRS § 383.660(1). Plaintiff served Defendant with a 14-day Notice of Termination on [__/__/____], referring to the prior cure notice dated [__/__/____]. (Exhibits B, B-1.)

☐ (D) No-cause termination of periodic tenancy (URLTA) — KRS § 383.695(2). Plaintiff served Defendant with a 30-day Notice to Terminate on [__/__/____] specifying termination as of [__/__/____] (a periodic rental date at least 30 days after receipt). (Exhibit B.)

☐ (E) Holdover after expiration of fixed term — Lease ended [__/__/____]; Defendant has remained in possession without right.

☐ (F) Non-URLTA — lease-based default and demand for possession on [__/__/____]. (Exhibit B.)

13. The predicate notice was served by:

☐ Personal delivery on Defendant on [__/__/____]
☐ Certified mail, USPS tracking [____________________], received [__/__/____]
☐ Conspicuous posting on the Premises and first-class mail on [__/__/____] (after reasonable attempts at personal service)

14. The required notice period (☐ 7 days / ☐ 14 days / ☐ 30 days / ☐ as per Lease) has expired. Defendant has neither cured the breach (where applicable) nor surrendered possession of the Premises.

6. Grounds for Forcible Detainer

15. Defendant's continued possession of the Premises after the termination of the rental agreement constitutes a forcible detainer as defined by KRS § 383.200(3), in that Defendant has refused to give possession of the Premises to Plaintiff after [☐ termination of the rental agreement ☐ expiration of the term ☐ termination of a tenancy at will or by sufferance].

16. As of the date of this Complaint, the following amounts are owing under the Lease (for purposes of any associated money claim under the Lease — note: District Court money judgment is limited to the court's monetary jurisdiction; counsel may seek possession only here and pursue rent claims separately if amount exceeds limit):

7. Demand and Refusal

17. On [__/__/____], Plaintiff demanded that Defendant deliver possession of the Premises. Defendant refused and continues to refuse.

18. Defendant's refusal to surrender possession is without legal right or excuse.

8. Damages and Other Relief

19. WHEREFORE, Plaintiff prays that this Court enter a judgment of forcible detainer and grant the following relief:

A. A judgment of possession of the Premises in favor of Plaintiff;

B. Issuance of a writ of possession following the seven (7) day stay, KRS § 383.255 and customary practice;

C. Recovery of back rent and damages as set forth above, together with prejudgment interest and post-judgment interest at the statutory rate (KRS § 360.040), to the extent within this Court's monetary jurisdiction;

D. Court costs;

E. Attorney's fees as authorized by the Lease and/or KRS § 383.660(3);

F. Such other and further relief as the Court deems just and proper.

9. Jury Demand (Optional)

☐ Plaintiff hereby DEMANDS A TRIAL BY JURY on all issues so triable, pursuant to KRS § 383.210(2) and KRS § 383.230 (right preserved on demand by either party at the calling of the cause for trial).

10. Verification

I, [LANDLORD / AGENT NAME], do hereby verify under penalty of perjury under the laws of the Commonwealth of Kentucky that I have read the foregoing Forcible Detainer Complaint, and that the statements made therein are true and correct to the best of my knowledge, information, and belief.

Sworn to and subscribed before me this ____ day of __________, 20____, by [LANDLORD / AGENT NAME].

11. Exhibits

• Exhibit A: Rental Agreement / Lease (or sworn statement of oral lease terms)
• Exhibit B: Predicate Notice (Pay/Quit, Cure/Quit, or No-Cause)
• Exhibit B-1: Prior cure notice (if proceeding under repeat-violation track)
• Exhibit C: Certificate of service of predicate notice
• Exhibit D: Rent ledger / payment history
• Exhibit E: Photographs / inspection reports / police reports (if material noncompliance)
• Exhibit F: Local URLTA-adoption ordinance (optional)

12. Procedure After Filing

13. Sources and References

• KRS § 383.200, § 383.205, § 383.210, § 383.215, § 383.220, § 383.230, § 383.255 (forcible entry and detainer; statewide)
• KRS § 383.500 – § 383.715 (URLTA — local-option)
• KRS § 383.560 (URLTA notice service)
• KRS § 383.580 (security deposits)
• KRS § 383.595 (landlord maintenance)
• KRS § 383.625 (tenant remedies)
• KRS § 383.655 (self-help bar)
• KRS § 383.660 (URLTA tenant noncompliance)
• KRS § 383.695 (URLTA periodic tenancy / holdover)
• KRS § 383.705 (retaliation)
• KRS § 24A.120 (District Court jurisdiction)
• KRS § 360.040 (judgment interest)
• Kentucky Rules of Civil Procedure 72 (appeal de novo to Circuit Court)
• Kentucky Court of Justice forms: AOC-215 (summons / notice of trial), AOC-216 (FED Complaint), AOC-217 (FED Judgment), AOC-225/226 (writs) — kycourts.gov/Legal-Forms
• Louisville-Jefferson County Metro and Lexington-Fayette URLTA ordinances
• Miles v. Shauntee, 664 S.W.2d 512 (Ky. 1983)
• Shapiro line of KY Court of Appeals decisions interpreting KRS § 383.695(2)