Eviction Notice and Forcible Detainer Complaint Package - Kentucky

EVICTION NOTICE AND FORCIBLE DETAINER COMPLAINT PACKAGE — KENTUCKY

TABLE OF CONTENTS

1. Pre-Notice Compliance Checklist
2. Part A — 7-Day Notice to Pay Rent or Quit (URLTA)
3. Part B — Notice of Material Noncompliance (URLTA Cure-or-Quit)
4. Part C — 30-Day Notice to Terminate Month-to-Month Tenancy
5. Part D — Certificate of Service of Notice
6. Part E — Allegations for Official Forcible Detainer Complaint
7. Part F — Court-issued Eviction Hearing Notice (AOC-215)
8. Part G — Verification
9. Part H — Filing and Service Record
10. Kentucky Practice Notes
11. Sources and References

1. PRE-NOTICE COMPLIANCE CHECKLIST

☐ Verified the local adopting ordinance under KRS § 383.500 and checked KRS § 383.535 exclusions. If URLTA does not govern, identify the lease and other applicable law for any proposed notice.
☐ Verified rent ledger and exact amount of unpaid rent.
☐ Where URLTA governs, confirmed owner/manager disclosures under KRS § 383.585 and separate deposit account and damage lists under KRS § 383.580.
☐ Reviewed payments, tenders, disputes, and any federal program rules before asserting nonpayment.
☐ For URLTA notice, use the delivery route in KRS § 383.560(3); record when and how notice was received. Do not treat posting alone as that section's tenant-delivery route.
☐ Assessed any retaliation issue under KRS § 383.705 and applicable fair-housing law.
☐ Checked whether 15 U.S.C. § 9058(c) applies to a covered dwelling and whether 50 U.S.C. § 3951 applies to a servicemember or dependent.

2. PART A — 7-DAY NOTICE TO PAY RENT OR QUIT (URLTA)

NOTICE TO PAY RENT OR QUIT — SEVEN (7) DAYS

Pursuant to KRS § 383.660(2)

TO: [TENANT NAME(S)] and all other occupants in possession

PREMISES: [________________________________] (street address, unit, city, county, Kentucky, ZIP)

DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that rent is past due under your rental agreement for the premises described above in the following amount:

Under KRS § 383.660(2), Landlord intends to terminate the rental agreement if you do not pay the TOTAL UNPAID RENT REQUIRED TO CURE within SEVEN (7) DAYS after this written notice. If you do not pay within that period, Landlord may terminate the rental agreement and seek possession through lawful court process. This notice does not itself remove you from the premises. Other charges are not included in the rent cure amount above.

Payment must be made to: [________________________________] (name of landlord/agent)
At: [________________________________] (street address)
By: ☐ Cash ☐ Certified check ☐ Money order ☐ Electronic payment to [________________________________]

This Notice is given pursuant to KRS § 383.660(2). Any partial-payment arrangement should be recorded in writing; its effect on this Notice depends on applicable law and the facts.

LANDLORD / AGENT:

By: [________________________________]
Print Name: [________________________________]
Title: [________________________________]
Address: [________________________________]
Telephone: [____________________]
Email: [________________________________]
Date: [__/__/____]

3. PART B — NOTICE OF MATERIAL NONCOMPLIANCE (URLTA CURE-OR-QUIT)

NOTICE OF MATERIAL NONCOMPLIANCE — FIFTEEN (15) DAYS TO REMEDY

Pursuant to KRS § 383.660(1)

TO: [TENANT NAME(S)] and all other occupants in possession

PREMISES: [________________________________]

DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that you are in material noncompliance with your rental agreement and/or KRS § 383.605 (tenant obligations) in the following specific respects:

1. [____________________________________________________________]
2. [____________________________________________________________]
3. [____________________________________________________________]

The acts or omissions described above occurred on or about [__/__/____] at [________________________________].

YOU HAVE FIFTEEN (15) DAYS after receipt of this Notice within which to remedy the noncompliance described above. If the noncompliance is not remedied within fifteen (15) days, the rental agreement shall terminate as provided in this Notice on [__/__/____], subject to KRS § 383.660(1)'s safeguard for a remediable breach adequately cured before that stated date. Set the date no earlier than the end of the fifteenth day after receipt. The Landlord may then consider a forcible detainer action.

REPEAT VIOLATION WARNING: If substantially the same act or omission recurs within six (6) months after notice of the prior noncompliance, KRS § 383.660(1) provides a separate termination route upon at least fourteen (14) days' written notice specifying the new breach and the termination date.

LANDLORD / AGENT:

By: [________________________________]
Print Name: [________________________________]
Date: [__/__/____]

4. PART C — 30-DAY NOTICE TO TERMINATE MONTH-TO-MONTH TENANCY

NOTICE OF TERMINATION OF PERIODIC TENANCY

Pursuant to KRS § 383.695

TO: [TENANT NAME(S)]

PREMISES: [________________________________]

DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that the month-to-month tenancy between Landlord and Tenant for the premises described above will terminate on [__/__/____], which is the periodic rental date and at least 30 days after this written notice is given. The periodic rental date is the [____] day of each month. You must vacate and deliver possession on or before the stated termination date.

This notice is given pursuant to KRS § 383.695(2), only for a covered URLTA month-to-month tenancy. Check whether the lease, housing program, federal law, or anti-retaliation law requires a ground or additional notice. This notice is not given in retaliation for protected activity.

For week-to-week tenancies, seven (7) days' written notice is required (KRS § 383.695(1)).

LANDLORD / AGENT: [________________________________]
Date: [__/__/____]

5. PART D — CERTIFICATE OF SERVICE OF NOTICE

CERTIFICATE OF SERVICE

I, [________________________________], certify that on [__/__/____] at approximately [____] ☐ a.m. ☐ p.m., I gave the foregoing pre-suit Notice to [TENANT NAME] by the following method:

☐ Personal delivery to the Tenant at the premises
☐ Registered mail to the Tenant at the designated notice address or, if none, last-known residence (tracking no. [________________________________])
☐ Certified mail to Tenant's designated notice address or, if none, last-known residence (tracking no. [________________________________])

Actual receipt / delivery evidence and date used to calculate the cure period: [________________________________]

Signature: [________________________________]
Print Name: [________________________________]
Date: [__/__/____]

6. PART E — ALLEGATIONS FOR OFFICIAL FORCIBLE DETAINER COMPLAINT

File the current official AOC-216 Forcible Detainer Complaint. Use the facts below as a drafting worksheet or an attorney-reviewed attachment if the court accepts one. AOC-216 asks for the lease, rent, breach, written notice to vacate, and a demand for possession.

COMMONWEALTH OF KENTUCKY

[________________________________] DISTRICT COURT

CIVIL ACTION NO. [________________________________]

COMPLAINT FOR FORCIBLE DETAINER

Plaintiff, by and through undersigned counsel, brings this Complaint for forcible detainer pursuant to KRS §§ 383.200 and 383.210 and, only where URLTA governs, the applicable KRS § 383.660 or § 383.695 ground, and alleges as follows:

A. Parties, Jurisdiction, and Venue

1. Plaintiff is the owner / lessor with the right to possession of the residential premises located at [________________________________], [CITY], [COUNTY] County, Kentucky [ZIP] (the "Premises"). If an agent acts for Plaintiff, counsel has confirmed the agent's authority and who may sign and appear.

2. Defendant(s) are or were tenants in possession of the Premises pursuant to a written / oral rental agreement entered on or about [__/__/____].

3. The Premises is located in [COUNTY] County, Kentucky, the District Court county identified by KRS § 383.210(1).

4. ☐ The local government has adopted URLTA under KRS § 383.500; ordinance and tenancy-coverage basis: [________________________________].
   ☐ URLTA does not govern; lease and other law supporting termination: [________________________________].

B. Facts

Select only the ground supported by the tenancy and notice record; omit unused alternatives.

5. The agreed monthly rent is $[____________] due on the [____] day of each month.

6. (Covered URLTA nonpayment claim) Defendant(s) failed to pay rent when due for the following period(s): [__/__/____] through [__/__/____]. Total unpaid rent as of filing: $[____________].

7. On [__/__/____], Plaintiff served Defendant(s) with a 7-Day Notice to Pay Rent or Quit pursuant to KRS § 383.660(2), a true and correct copy of which is attached as Exhibit A.

8. More than seven (7) days have elapsed since service of the Notice. Defendant(s) have failed to pay the rent demanded and have failed to vacate the Premises.

9. (Alternative — covered URLTA lease violation) Defendant(s) materially breached the rental agreement by [________________________________]. On [__/__/____], Plaintiff gave Defendant(s) a written material-noncompliance notice under KRS § 383.660(1), identifying a termination date at least 14 days after receipt and the 15-day remedy period, attached as Exhibit B. The breach has not been adequately cured before the termination date.

10. (Alternative — holdover) The tenancy ended on [__/__/____] under [LEASE TERM OR APPLICABLE LAW: ________________________________]. If relying on KRS § 383.695(2), that date was the periodic rental date and written notice was given at least 30 days earlier on [__/__/____]. The notice is attached as Exhibit C. Defendant(s) remain in possession without Plaintiff's consent.

11. Defendant(s) unlawfully detain the Premises from Plaintiff.

C. Prayer for Relief

WHEREFORE, Plaintiff respectfully requests that this Court:

A. Determine possession under the applicable forcible-detainer procedure and grant possession if proven;
B. Award costs and other relief independently authorized in this proceeding; and
C. Grant such other relief as the Court deems proper. Counsel should assess any rent, damages, interest, or fee claim separately rather than assuming AOC-216 itself authorizes a money judgment.

Respectfully submitted,

[________________________________]
Counsel for Plaintiff
KBA No.: [____________]
Firm: [________________________________]
Address: [________________________________]
Telephone: [____________________]
Email: [________________________________]

Date: [__/__/____]

7. PART F — COURT-ISSUED EVICTION HEARING NOTICE (AOC-215)

Use the current Kentucky Court of Justice AOC-215, Eviction Notice: Notice of Eviction Hearing, issued through the court after AOC-216 is filed. The clerk or officer, not the landlord's private template, controls the issued notice and its return of service. KRS §§ 383.210 and 383.215 require notice to each defendant under the warrant; AOC-215 directs at least three days' notice of the trial time and place.

Filing checklist: ☐ Current AOC-216 filed ☐ Correct defendant name and address ☐ Court hearing date obtained ☐ AOC-215 issued ☐ Officer's proof of service reviewed ☐ Any insufficient-notice issue addressed before the hearing.

Official AOC-215

8. PART G — VERIFICATION

VERIFICATION

I, [________________________________], being first duly sworn, depose and state that I am the Plaintiff (or authorized agent of Plaintiff) in the above-captioned action; that I have read the foregoing Complaint for Forcible Detainer; and that the matters stated therein are true and correct based upon my personal knowledge or information and belief.

Signature: [________________________________]
Print Name: [________________________________]
Title: [________________________________]

Sworn to and subscribed before me this [____] day of [________________], 20[____].

[________________________________]
Notary Public
Printed name: [________________________________]
Commission number: [________________]
My commission expires: [__/__/____]

9. PART H — FILING AND SERVICE RECORD

Record the official filing and officer-service record. The pre-suit URLTA notice certificate in Part D is a separate record; it does not replace court-issued AOC-215 or the officer's return.

AOC-216 filed: [__/__/____] Case number: [________________] Court / county: [________________]

AOC-215 issued: [__/__/____] Hearing: [__/__/____] at [____] Officer assigned: [________________]

Each defendant notified; date and method shown on officer's return: [________________________________]

Less than three days' notice or an unnotified defendant: [STATE ACTION TAKEN BEFORE HEARING: ________________________________]

10. KENTUCKY PRACTICE NOTES

• URLTA coverage. KRS § 383.500 permits local adoption of URLTA in full. Confirm the adopting ordinance and exclusions under KRS § 383.535. For a non-URLTA tenancy, identify the lease and other governing termination law before giving notice; the forcible-detainer procedure in KRS § 383.210 remains separate.
• Court forms and hearing. File official AOC-216 and use court-issued AOC-215. KRS §§ 383.210 and 383.215 address the officer's warrant notice and the three-day minimum. Do not treat a landlord-drafted summons as the issued court notice.
• Appeal and restitution. KRS § 383.255 gives an aggrieved party seven days to appeal and states rent-deposit requirements during appeal, subject to any applicable court-recognized exception. KRS § 383.245 addresses the warrant of restitution after the seventh day if no appeal is filed and the plaintiff prevails. The statutes do not establish a universal seven-to-ten-day removal schedule.
• Fees and deposits. Determine late charges from the lease and applicable law; this package supplies no generic percentage cap. KRS § 383.580 governs separate accounts and damage lists for covered URLTA tenancies and has no blanket 30/60-day refund schedule.
• Self-help and retaliation. For a covered URLTA tenancy, KRS § 383.655 permits possession or termination and up to three months' periodic rent plus a reasonable attorney fee for unlawful exclusion or willful essential-service interruption. KRS § 383.705 addresses retaliation and its exceptions; review the specific facts.
• Federal coverage. A covered dwelling under 15 U.S.C. § 9058(c) may require at least 30 days between a notice to vacate and the required vacate date. Check the statute's covered-property definitions and current controlling law. For a qualifying servicemember or dependent, 50 U.S.C. § 3951 limits eviction without a court order and provides specified stay or adjustment relief.

11. SOURCES AND REFERENCES

• Kentucky Revised Statutes, Chapter 383
• AOC-216, official Forcible Detainer Complaint
• AOC-215, official Eviction Notice and hearing form
• 15 U.S.C. § 9058, official GPO text
• 50 U.S.C. § 3951, official GPO text

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