Kentucky law for evection of a non-tenant

Kentucky law for evection of a non-tenant

Real Estate Agent · Newport, KY · Member since 2016 · 24 posts · 0 votes
Good afternoon, Had a very strange and unfortunate incident happen recently. I had a tenant who passed away, even though she had been clean for a while and had her parents helped, her ex-boyfriend came back into her life and overdosed her. Where it gets legally weird is that her parents took over the apartment, as they were paying everything and the executors of her estate. He claims they threw away some of his stuff, and tried to sue me for it. It got thrown out since I had nothing to do with them throwing away “his“ stuff, but the judge did not like that I did not evict him even though he was not on the lease and the lease was clear that my tenant should be the only one living there. He did show up when she died and spent three days at the property before her parents came in town which I thought was very generous. Anyone know more clearly what the evection laws in this case are in Kentucky? I don’t want to make this mistake again although I also hope there will be no more heroin addict ex-boyfriend‘s in the picture ever again (I inherited her in the building, I already do background checks on everyone new and I will for everyone I inherit from now on). Thanks, Ramzi
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Professional · Naperville, IL · Member since 2016 · 1 post · 2 votes
8y

I am an eviction attorney in Illinois, NOT Kentucky.

That being said, in Illinois anyone who has "established residency" must be evicted, you cannot just tell them to leave. Establishing residency can be as little as he gets his mail at your place, or he has spent 14 consecutive days there.

Check Kentucky laws about Residency, that will be your answer on who you must evict in the future, even if they are not on the lease.

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  • Professional · Naperville, IL · Member since 2016 · 1 post · 2 votes
    8y

    I am an eviction attorney in Illinois, NOT Kentucky.

    That being said, in Illinois anyone who has "established residency" must be evicted, you cannot just tell them to leave. Establishing residency can be as little as he gets his mail at your place, or he has spent 14 consecutive days there.

    Check Kentucky laws about Residency, that will be your answer on who you must evict in the future, even if they are not on the lease.

  • George SkidisPro Member
    Rental Property Investor · Belleville, IL · Member since 2017 · 875 posts · 529 votes
    8y

    Good Legal advice is worth the price. We pay a low monthly fee to subscribe to LegalShield and they answer all of our legal questions at no additional charge. If you would like to know more send me a message or use the contact information below.

  • Rental Property Investor · Lexington, KY · Member since 2017 · 56 posts · 22 votes
    8y

    @Ramzi Nuseibeh I actually like to hold each property security deposits in a separate account. Not every unit, but every property just to keep things separated. 

  • Real Estate Agent · Newport, KY · Member since 2016 · 24 posts · 0 votes
    8y
    That establishing residency thing is crazy. How do you even know if they had a guest? How can they prove you knew? And so at the end of the one-year lease if the tenant moves out can a dude who slept on the couch for two weeks decide he wants to stay?
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