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 — Forcible Detainer Complaint (AOC-216 Equivalent)
7. Part F — Forcible Detainer Summons (AOC-218 Equivalent)
8. Part G — Verification
9. Part H — Certificate of Service of Complaint
10. Kentucky Practice Notes
11. Sources and References

1. PRE-NOTICE COMPLIANCE CHECKLIST

☐ Confirmed property is in a URLTA-adoption jurisdiction (or, if not, that the lease itself authorizes the contemplated notice).
☐ Verified rent ledger and exact amount of unpaid rent.
☐ Confirmed landlord disclosed name/address of owner and manager (KRS § 383.585).
☐ Confirmed security deposit was held in a separate, identifiable account (KRS § 383.580).
☐ Tenant has not deposited withheld rent into court escrow pursuant to KRS § 383.640 (which would defeat a nonpayment claim).
☐ Notice will be served by personal delivery, by certified or registered mail (return receipt requested), or by posting in a conspicuous place on the premises.
☐ No fair-housing or retaliation issue present (KRS § 383.705 prohibits retaliatory eviction for code complaints).
☐ If servicemember tenant: SCRA stay/relief considered (50 U.S.C. § 3951).

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:

YOU MUST PAY THE TOTAL AMOUNT PAST DUE WITHIN SEVEN (7) DAYS after service of this Notice. If you fail to pay within seven (7) days, your rental agreement shall terminate and the Landlord shall proceed with a forcible detainer action in the District Court of [________________________________] County, Kentucky, seeking possession of the premises, judgment for unpaid rent, damages, court costs, and attorney's fees as authorized by KRS § 383.660 and your lease.

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). Acceptance of partial payment does not waive the Landlord's right to proceed unless the Landlord expressly agrees in writing.

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 [__/__/____]. Set that termination date no earlier than the end of the fifteenth day after receipt so the notice satisfies both the statutory minimum termination-notice period and the fifteen-day remedy period in KRS § 383.660(1). The Landlord may then proceed with a forcible detainer action.

REPEAT VIOLATION WARNING: If substantially the same act or omission recurs within six (6) months, the Landlord may terminate the rental agreement upon fourteen (14) days' written notice specifying the breach and the date of termination, with no right to cure (KRS § 383.660(1)).

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 is TERMINATED effective [__/__/____] (insert date at least 30 days from the next rent due date). You must vacate the premises and deliver possession to the Landlord on or before that date.

This notice is given pursuant to KRS § 383.695(2). No reason is required to be stated for termination of a periodic tenancy; however, this notice is not given in retaliation for any 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, [________________________________], being of legal age, hereby certify under penalty of perjury that on [__/__/____] at approximately [____] ☐ a.m. ☐ p.m., I served the foregoing Notice on [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, return receipt requested, addressed to Tenant at the premises (tracking no. [________________________________])

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

6. PART E — FORCIBLE DETAINER COMPLAINT (AOC-216 EQUIVALENT)

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 et seq. and KRS § 383.660 and alleges as follows:

A. Parties, Jurisdiction, and Venue

1. Plaintiff is the owner / authorized agent / lessor of the residential premises located at [________________________________], [CITY], [COUNTY] County, Kentucky [ZIP] (the "Premises").

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, and this Court has subject-matter jurisdiction under KRS § 24A.120(1) and venue under KRS § 452.480.

4. ☐ The Premises is located in a jurisdiction that has adopted the Uniform Residential Landlord and Tenant Act (URLTA), KRS § 383.500 et seq., namely [________________________________].
   ☐ The Premises is located in a non-URLTA jurisdiction; this action is brought under KRS § 383.200 et seq.

B. Facts

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

6. (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 — Lease violation) Defendant(s) materially breached the rental agreement by [________________________________]. On [__/__/____], Plaintiff served Defendant(s) with a 14-Day Notice of Material Noncompliance pursuant to KRS § 383.660(1), attached as Exhibit B. The breach has not been cured.

10. (Alternative — Holdover) The tenancy was duly terminated by Notice served on [__/__/____], attached as Exhibit C. Defendant(s) hold over after expiration of the tenancy.

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

C. Prayer for Relief

WHEREFORE, Plaintiff respectfully requests that this Court:

A. Award Plaintiff immediate possession of the Premises and issue a Writ of Possession;
B. Enter judgment against Defendant(s) for unpaid rent in the amount of $[____________];
C. Award holdover damages at the daily rate of $[____________] from [__/__/____] until possession is restored;
D. Award court costs, statutory attorney's fees (if authorized by lease or KRS § 383.660), and prejudgment interest at the rate set by KRS § 360.010; and
E. Grant such other and further relief as the Court deems just and proper.

Respectfully submitted,

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

Date: [__/__/____]

7. PART F — FORCIBLE DETAINER SUMMONS (AOC-218 EQUIVALENT)

COMMONWEALTH OF KENTUCKY

[________________________________] DISTRICT COURT — CIVIL DIVISION

CIVIL ACTION NO. [________________________________]

FORCIBLE DETAINER SUMMONS

TO THE DEFENDANT(S): [TENANT NAME(S)]
AT: [________________________________]

YOU ARE HEREBY SUMMONED to appear and defend the attached Complaint for Forcible Detainer in the District Court of [________________________________] County, Kentucky, at the following date and time:

Court Date: [__/__/____]
Time: [____] ☐ a.m. ☐ p.m.
Location: [________________________________] (Courthouse address)
Courtroom / Division: [________________________________]

This action is brought to recover possession of the residential premises located at [________________________________]. If you fail to appear, the Court may enter judgment against you for possession of the Premises, unpaid rent, damages, and costs.

NOTICE OF RIGHTS:

• You have the right to appear and contest this action.
• You may file an answer in writing on or before the court date.
• You may consult an attorney; if you cannot afford one, contact Kentucky Legal Aid: 1-800-928-4556 or AppalReD Legal Aid: 1-866-277-5733.
• If you are a servicemember on active duty, you may be entitled to a stay under the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq.

ISSUED this [____] day of [________________], 20[____].

Clerk: [________________________________]
By: [________________________________] (Deputy Clerk)

SHERIFF'S RETURN OF SERVICE:

I served this Summons and the attached Complaint on [TENANT NAME] on [__/__/____] by:

☐ Personal service on Defendant
☐ Service on a person of suitable age and discretion at Defendant's usual place of abode, namely [________________________________]
☐ Posting at the premises after diligent effort to obtain personal service

Sheriff / Deputy: [________________________________]
County: [________________________________]
Date: [__/__/____]

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
My commission expires: [__/__/____]

9. PART H — CERTIFICATE OF SERVICE OF COMPLAINT

CERTIFICATE OF SERVICE

I certify that on [__/__/____], a true and correct copy of the foregoing Complaint, Summons, and exhibits was served upon Defendant(s) by:

☐ Sheriff of [________________________________] County (CR 4.01)
☐ Certified mail, return receipt requested
☐ Warning Order Attorney (CR 4.07) for Defendant whose whereabouts are unknown
☐ Other (specify): [________________________________]

[________________________________]
Counsel for Plaintiff
Date: [__/__/____]

10. KENTUCKY PRACTICE NOTES

• URLTA vs. non-URLTA. URLTA applies only in jurisdictions that have opted in by ordinance per KRS § 383.500. Confirm before relying on the 7-day nonpayment notice, the 15-day material-breach remedy period, or the 14-day repeat-breach termination notice. In non-URLTA counties, the lease controls, and KRS § 383.200 provides the forcible detainer remedy.
• Trial setting. Under KRS § 383.215, the trial date is typically set six to seven days after summons issuance. Be prepared to try the case at the first appearance — there is generally no continuance as of right.
• Appeal. A Defendant may appeal a judgment of forcible detainer to Circuit Court within seven (7) days (KRS § 383.255). Tenant must post a supersedeas bond and continue to pay accruing rent into court to remain in possession during appeal.
• Writ of possession. Following judgment and expiration of the appeal period, the District Clerk issues a Writ of Possession executed by the Sheriff. Removal typically occurs within 7-10 days.
• Late fees. Late fees must be reasonable and authorized by the written lease; common practice is no more than 5% to 10% of monthly rent.
• Security deposit. KRS § 383.580 requires a dedicated account and initial/final damage listings; it does not create a blanket 30-60-day return schedule. Subsections (6) and (7) govern specific unclaimed-deposit situations, and subsection (4)'s retention bar uses a conjunctive account-plus-listings condition.
• Self-help eviction. Lockouts, utility shut-offs, and removal of belongings without court order are prohibited and expose landlord to actual damages, statutory damages, and attorney's fees (KRS § 383.655).
• 2024 reforms (HB 18). Effective March 6, 2024, Kentucky preempts local ordinances requiring acceptance of Section 8 / source-of-income vouchers and prohibits local rules that conflict with state landlord-tenant law.
• Federal CARES Act notice. Properties with federally backed mortgages or that participate in federal housing programs may still require a 30-day notice to vacate under 15 U.S.C. § 9058(c).
• Fair housing. Federal Fair Housing Act (42 U.S.C. § 3601 et seq.) and KRS Chapter 344 prohibit discrimination. Document the legitimate, nondiscriminatory basis for the eviction.

11. SOURCES AND REFERENCES

• KRS Chapter 383 — Landlord and Tenant: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39159
• KRS § 383.660 — Tenant noncompliance with rental agreement: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35749
• KRS § 383.695 — Periodic tenancy termination
• KRS § 383.200 et seq. — Forcible entry and detainer
• KRS § 24A.120 — District Court jurisdiction
• Kentucky Rules of Civil Procedure (CR 4, 5, 7, 8, 10, 11)
• AOC-216 Forcible Detainer Complaint; AOC-218 Forcible Detainer Summons (Kentucky Administrative Office of the Courts)
• HB 18 (2024 Regular Session) — Local landlord-tenant preemption
• Kentucky Legal Aid: https://www.klaid.org/
• Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq.

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