State Specific Question About: KENTUCKY (KY)

Might be going all the way to eviction for our first time.

We are using an eviction attorney, but she is out of town and I am waiting on her email response.

I have been told in the past we do not need to send the letter certified, so I sent it first class.

Reading the Landlord/Tenant law and I don't see a certified requirement. Many websites in Kentucky mention certified. Our attorney's website says she sends it out certified.

I wonder if we just delayed the process and if we need to send it certified?

Hi Dale..

Well another excelent time to learn KY law for LL/tenant..

Many states only require 1st class mail, and only allow

certified or posting if, again if the original notice is sent 1st class..

My state forbids certified unles the parties agree in advance on the agreement, and not in place of 1st class

Nail and mail..

I thought I knew the law, but now second guessing. This will be one thing I know for sure soon and will never forget.

First time for most anything always makes me wonder it I got it right.

Dale, will your attorney not return calls or emails? Does she have an assistant who can advise you while she's out of town?

I am sure you vetted this person and are comfortable with her since you chose her; however, as a practical business matter, I'd consider finding someone else today who can guide you through this process. I use a law firm who specializes in several areas, one of which is land lord / tenant law. If any one attorney is out of town, there are 9 others who can answer my questions. Also, they handle all the letter sending, filings, etc. When it's time for me to evict, I just scan the deadbeat's lead to a PDF file and email it to the office paralegal team before noon (there's at least 2 of them, maybe more), and by 3 PM the case is filed in the courts and shows up on the online Missouri CaseNet court system. Gotta admit, it's pretty slick.

I have never needed an attorney for this and wasn't paying her yet. I sent the letter myself, but that is one of the services she offers for a fair price. Next time I might just go with her for the whole process if I need it.

She came recommended by many people I know. I was emailing her last night after hours and wanted to find an answer soon. She did return my email this morning. She does have someone to handle evictions when she is out of town. I was just doing this after hours last night.

Her answer is the statute does state certified mail. I couldn't find it. She is going to email the exact wording. She also said in the last few years most of her clients do not send certified and twice it was brought up as an issue and she had to start over.

Sid

" I just scan the deadbeat's lead"

Dale, I know that I tend to be very picky, but it would help if you were more precise in your post. "I have been told in the past we do not need to send the letter certified, so I sent it first class."

I guess the people responding to you are either clairvoyant or imprecise, but I do NOT know what type of letter you are sending. It could make a difference.

I have no idea what a "seven day letter" might be.

Generally, a statute will specify how a specific notice is to be given, and if you do not comply with the statute, your notice is not effective. If the statute specifies "first class mail, postage prepaid", a court can hold that certified mail, return receipt requested, was NOT proper. However, generally, if the addressee actually signed the return receipt, the judge will usually accept that as being proper service.

"how do you prove what was in a certified letter anyway?" There will have to be sworn testimony as to the mailing of the notice. The Return Receipt, if the Tenenat signed for it, is proof that the envelope was delivered, but is not proof of the contents. So you would have to state under penalty of perjury that you mailed the notice.

If the tenant testifies "I received an envelope, certified mail, return receipt requested" and the envelope was empty, your attorney will ask the Tenant on cross-examination "You received an envelope certified mail, return receipt requested, and the envelope was empty. Didn't you find that strange?" "Did you contact your LL and report this strange occurance?" etc. But more often, I get the envelope back, and bring it, still sealed, to court. The judge can open it up and verify the contents that the Tenant refused.

In Kentucky when a tenant does not pay rent on time we have to send a "pay or quit" notice. I called it a letter. Our laws give the tenant 7 days to pay rent or face eviction.

Dale, for future reference, if you call that a "Pay or Quit", we will all know what you are talking about!

How to serve a "Pay or Quit" is a question of state law. There are generally _ different ways to serve it, and each state specifies which of these methods is valid, and what type of proof of service is required. Different methods of service: (1) personally handing it to the tenant; (2) posting it on the front door; (3) regular mail; (4) certified mail.

My Pay or Quit Notices have to be served by personal or posting.