Kentucky Notice to Terminate Tenancy Without Cause (30-Day Month-to-Month / 7-Day Week-to-Week)

Kentucky Notice to Terminate Tenancy Without Cause

Table of Contents

1. Jurisdictional Track Selector
2. URLTA Adopting Jurisdictions
3. Calculating the Termination Date Correctly (URLTA)
4. Notice (URLTA — 30-Day Month-to-Month)
5. Notice (URLTA — 7-Day Week-to-Week)
6. Notice (Non-URLTA — Lease/Common-Law)
7. Service and Proof of Service
8. Federally Subsidized & Other Special Tenancies
9. Tenant Defenses to Anticipate
10. Sources and References

1. Jurisdictional Track Selector

2. URLTA Adopting Jurisdictions

3. Calculating the Termination Date Correctly (URLTA)

KRS § 383.695(2) provides that the landlord (or tenant) may terminate a month-to-month tenancy by written notice given "at least thirty (30) days before the periodic rental date specified in the notice." Kentucky appellate courts have read this strictly.

A notice served July 15 cannot terminate on July 31 or August 14; the earliest termination date that satisfies the statute would be September 1 (the next periodic rental date that is at least 30 days out).

4. Notice (URLTA — 30-Day Month-to-Month)

4.1 Caption

4.2 Notice Text

TO: [TENANT NAME(S)] AND ALL OTHERS IN POSSESSION

YOU ARE HEREBY NOTIFIED, pursuant to KRS § 383.695(2), that the month-to-month tenancy under which you occupy the premises located at [PROPERTY ADDRESS], [CITY], [COUNTY] County, Kentucky, is TERMINATED effective [__/__/____] (the periodic rental date specified herein, which is at least thirty (30) days after your receipt of this Notice).

YOU ARE FURTHER NOTIFIED that you must vacate and surrender possession of the premises on or before that date. If you fail to do so, the Landlord will commence a Forcible Detainer Action under KRS § 383.200 et seq. in the District Court of [____] County and pursue all available legal remedies, including a money judgment for any rent due, holdover damages where authorized, court costs, and recoverable attorney's fees.

This Notice is given without alleging breach, and without waiver of any breach, past or future. Until termination, all lease obligations (including rent and care of premises) remain in effect.

4.3 Signature Block

5. Notice (URLTA — 7-Day Week-to-Week)

5.1 Notice Text

TO: [TENANT NAME(S)]

YOU ARE HEREBY NOTIFIED, pursuant to KRS § 383.695(2), that your week-to-week tenancy of the premises at [ADDRESS], [CITY], [COUNTY] County, Kentucky, is TERMINATED effective [__/__/____] (the periodic rental date specified herein, which is at least seven (7) days after your receipt of this Notice). You must vacate and surrender possession on or before that date. Failure to vacate will result in a Forcible Detainer Action under KRS § 383.200 et seq.

6. Notice (Non-URLTA — Lease/Common-Law)

6.1 Notice Text

TO: [TENANT NAME(S)]

YOU ARE HEREBY NOTIFIED that, pursuant to Section [____] of your rental agreement dated [__/__/____] and applicable Kentucky common law, your month-to-month tenancy of the premises at [ADDRESS], [COUNTY] County, Kentucky, is TERMINATED effective [__/__/____] ([____] days after receipt of this Notice).

You must vacate on or before the termination date. Failure to vacate will result in the filing of a Forcible Detainer Complaint under KRS § 383.200 et seq.

7. Service and Proof of Service

7.1 Methods (URLTA — KRS § 383.560)

☐ Personal hand-delivery
☐ Certified mail (return receipt requested) to last-known address
☐ Conspicuous posting plus first-class mailing (only after attempted personal service)

7.2 Certificate of Service

I, [NAME], declare under penalty of perjury under Kentucky law that on [__/__/____] I served the foregoing Notice on [TENANT(S)] at [ADDRESS] by:

☐ Personal delivery
☐ Certified mail, tracking [____________________]
☐ Posting and first-class mail

8. Federally Subsidized & Other Special Tenancies

9. Tenant Defenses to Anticipate

• Miscalculated termination date (most common URLTA defense — notice does not align with periodic rental date).
• Retaliation under KRS § 383.705: presumption arises if the tenant has within one (1) year complained to a code-enforcement agency, complained to the landlord under KRS § 383.595, or organized/joined a tenants' union.
• Discrimination under KRS § 344.360 and 42 U.S.C. § 3601 et seq. (FHA).
• Defective service under KRS § 383.560.
• Subsidized-tenancy good-cause (HUD/LIHTC/RD/HCV).
• Federally protected status under SCRA, VAWA (34 U.S.C. § 12491), or local just-cause ordinances if applicable.
• Lease still in fixed term: KRS § 383.695 cannot terminate a non-expired fixed-term lease without breach.

10. Sources and References

• KRS § 383.500 – § 383.715 (URLTA) — apps.legislature.ky.gov
• KRS § 383.560 (URLTA notice; service and delivery)
• KRS § 383.595 (landlord maintenance)
• KRS § 383.660 (tenant noncompliance — for cause termination tracks)
• KRS § 383.695 (periodic tenancy termination; holdover remedies)
• KRS § 383.705 (retaliation)
• KRS § 383.200 et seq. (FED — statewide)
• KRS § 344.360 (Kentucky Civil Rights Act — housing)
• 42 U.S.C. § 3601 et seq. (FHA); 24 C.F.R. Part 247 (HUD termination)
• 34 U.S.C. § 12491 (VAWA housing protections)
• 50 U.S.C. § 3951 (SCRA stay of eviction)
• Louisville-Jefferson County and Lexington-Fayette URLTA adoption ordinances
• Kentucky Court of Justice forms: AOC-215, AOC-216, AOC-217 — kycourts.gov
• Shapiro line of Kentucky Court of Appeals decisions reading KRS 383.695(2) to require 30 days before the next periodic rental date (verify current case law)