Legal Notice - Eviction

NOTICE TO PAY RENT OR VACATE / NOTICE OF LEASE TERMINATION

(Commonwealth of Kentucky – Residential Premises)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants
6. Default & Remedies
7. Dispute Resolution
8. General Provisions
9. Execution Block

1. DOCUMENT HEADER

1.1 Parties.
This Legal Notice (“Notice”) is issued by [LANDLORD LEGAL NAME], a [state] [entity type] (“Landlord”), to [TENANT LEGAL NAME] (“Tenant”).

1.2 Premises.
Residential real property located at [STREET ADDRESS, UNIT, CITY, KY ZIP] (the “Premises”) pursuant to that certain [Residential Lease/Rental Agreement] dated [LEASE DATE] (the “Lease”).

1.3 Effective Date.
This Notice is effective on the earlier of (a) the date of personal delivery to Tenant, or (b) three (3) calendar days after deposit in U.S. Mail, first-class postage prepaid (the “Service Date”), as further defined in Section 2.3.

1.4 Governing Law & Forum.
This Notice and any proceedings arising herefrom shall be governed by the laws of the Commonwealth of Kentucky. Exclusive venue lies with the [COUNTY] District Court, Housing Division (the “Court”).

2. DEFINITIONS

“Cure Period” – The statutory time Tenant is afforded to remedy the stated default, measured from the Service Date.

“Notice Period” – The statutory interval after which Landlord may file a Forcible Detainer action if the default remains uncured.

“Service Requirements” – The notice-delivery methods authorized by Ky. Rev. Stat. Ann. § 383.500 et seq. and applicable local rules.

“Default” – The event identified in Section 3.1 giving rise to this Notice (Non-Payment, Non-Compliance, or Holdover).

“Rent” – Base rent plus any additional sums defined as rent under the Lease.

3. OPERATIVE PROVISIONS

3.1 Statement of Default

Landlord hereby gives notice that Tenant is in Default as follows (check one):

☐ Non-Payment of Rent – $[AMOUNT] became due on [DATE] and remains unpaid.
☐ Material Non-Compliance – Tenant violated Section ☐ of the Lease by [DESCRIPTION].
☐ Holdover / Termination of Periodic Tenancy – Landlord is terminating a [WEEK-to-WEEK / MONTH-to-MONTH] tenancy.

3.2 Statutory Notice & Cure Period

(a) Non-Payment of Rent – Tenant must pay all outstanding Rent within seven (7) calendar days of the Service Date (the “Cure Period”).

(b) Material Non-Compliance – Tenant must cure the breach (or vacate) within fourteen (14) calendar days of the Service Date.

(c) Termination of Periodic Tenancy – Tenant must vacate on or before thirty (30) calendar days after the Service Date.

3.3 Method of Service

This Notice is served by:
☐ Personal delivery to Tenant;
☐ Certified Mail, return-receipt requested, to Tenant’s last known address;
☐ Posting on the main entrance of the Premises and mailing a copy by first-class U.S. Mail.

3.4 Tenant’s Required Performance

(i) Monetary Cure: Pay $[TOTAL] to [PAYEE NAME & ADDRESS] by [TIME] on [CURE DEADLINE DATE].
(ii) Non-Monetary Cure: Perform the corrective action described in Section 3.1(b) and provide written proof to Landlord.
(iii) Surrender: If Tenant fails to timely cure, Tenant must vacate and deliver possession of the Premises, leaving same in broom-clean condition.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord represents that:
(a) The Lease is valid and enforceable;
(b) All notices required to date have been duly given; and
(c) No acceptance of late rent or other conduct has waived Landlord’s rights.

4.2 Tenant’s warranties under the Lease, including but not limited to peaceful use and habitability obligations, remain in full force.

5. COVENANTS

5.1 Tenant shall not commit waste, nuisance, or further breach during the Cure Period.

5.2 Landlord covenants that Rent tendered in full (including late fees if permitted) within the Cure Period for a Non-Payment Default shall reinstate the Lease under Ky. Rev. Stat. Ann. § 383.500 et seq., unless otherwise prohibited.

6. DEFAULT & REMEDIES

6.1 Events of Continued Default. If Tenant fails to cure or vacate within the applicable Notice Period, the following occur automatically without further notice:

(a) The Lease terminates;
(b) Tenant becomes a holdover and is liable for double Rent or other statutory damages; and
(c) Landlord may file a Forcible Detainer action seeking possession, back rent, damages, court costs, and reasonable attorneys’ fees (if allowed by the Lease).

6.2 Reservation of Rights. All remedies are cumulative and non-exclusive.

7. DISPUTE RESOLUTION

7.1 Governing Law; Forum Selection. Kentucky law governs. All proceedings shall be commenced exclusively in the Court identified in Section 1.4.

7.2 Arbitration. Arbitration is not available for eviction matters under Kentucky law.

7.3 Jury Trial. Nothing herein waives any constitutional right to a trial by jury where applicable.

7.4 Injunctive Relief. Landlord expressly reserves the right to seek immediate possession and any ancillary injunctive or equitable relief permitted by statute.

8. GENERAL PROVISIONS

8.1 Entire Notice. This Notice incorporates any exhibits attached hereto and constitutes the entire eviction notice required under applicable law.

8.2 Severability. If any provision is held invalid, the remaining provisions shall remain enforceable.

8.3 Amendment & Waiver. This Notice may not be modified except by a subsequent written instrument executed by Landlord. No waiver is effective unless in writing.

8.4 Delivery of Further Assurances. Tenant shall execute and deliver any additional documents reasonably necessary to effectuate the intent of this Notice.

8.5 Electronic Signatures. Facsimile, PDF, and electronic signatures of this Notice are deemed originals.

9. EXECUTION BLOCK

Executed as of the Service Date stated above.

LANDLORD:
_________________________________
[LANDLORD NAME]
By: _____________________________
Title: ___________________________
Date: ____________________________

TENANT ACKNOWLEDGMENT OF RECEIPT (optional):
I, the undersigned Tenant, acknowledge receipt of this Notice on __________, 20____.
_________________________________
[TENANT NAME]

(Notary acknowledgment if required by local rule)

EXHIBIT A – PROOF OF SERVICE (to be completed by server)

I, ________________________, declare that on __________, 20____, I served the foregoing Notice in the manner checked below:

☐ Personal delivery to Tenant at the Premises.
☐ Certified Mail No. ____________________ sent to Tenant at ________________________________.
☐ Posted the Notice conspicuously on the main entrance of the Premises and mailed a copy via first-class U.S. Mail.

I declare under penalty of perjury that the foregoing is true and correct.

Signature: _______________________________ Date: ____________