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Showing 12 posts in Landlord.

How to Evict a Tenant

October 8, 2015
Posted In Landlord, Tenant

The ideal situation in a landlord-tenant relationship is the timely adherence to the provisions of the lease, producing mutual benefit for both parties to the contract. Unfortunately, sometimes this relationship deteriorates and a landlord must step in to reassert her or his right to receive cash flow from the leasing of real estate. While an eviction may seem like a harsh step, landlords should understand that it is a business decision made in the course of renting property, one that they should not hesitate to take when necessary. Luckily, the process is not overwhelmingly difficult, even if it must be done according to very specific steps. More >

Suing Your Tenant for Damages – Can You Recover Attorney’s Fees?

By Brendan R. Yates on September 17, 2015
Posted In Breach, Landlord, Lease

It’s one of the larger mines in the minefield of renting out property as a landlord – what happens when the tenant breaches the lease? What happens when the tenant doesn’t pay? In and among the questions presented by such a scenario is whether a suit against the tenant would be cost-effective. The landlord’s decision may, in large part, depend on whether the landlord is entitled to recover its costs and attorney fees associated with prosecuting its claim against the tenant. And, in Kentucky, the landlord’s right to recover costs and attorney fees depends on the circumstances surrounding the tenant’s breach of the lease. More >

Tenants are Left in the Cold after the Sunset of the Protecting Tenants in Foreclosure Act

April 9, 2015
Posted In Landlord, Tenant

For a time, the Protecting Tenants in Foreclosure Act of 2009 (“the Act”) provided some protection for tenants against foreclosures on a landlord’s property. The law gave tenants in foreclosed properties protections against successors in interest of the property. The law was set to expire in 2012, but Congress extended the provisions to December 31, 2014. Efforts to re-extend the law failed, and it is now expired. This is bad news for tenants of residential real estate whose landlords face foreclosure, as now state law applies in absence of federal protectionHispanic couple outside home for rents. More >

Disclosures Landlords Must Make in Kentucky

By Brendan R. Yates on March 5, 2015
Posted In Landlord, Lease, Tenant, URLTA

There are certain required disclosures that a landlord must make when renting property located within a jurisdiction that has adopted Kentucky’s Uniform Residential Landlord and Tenant Act (“URLTA”). While these disclosure requirements are straightforward, a landlord’s failure to comply can have serious consequences for both the landlord and the tenant. More >

Tenant Absence During the Lease Term: Protecting Your Property

By Brendan R. Yates on December 4, 2014
Posted In Landlord, Lease, Purchase Contract, Real Estate Law, Security Deposit, Tenant

Every landlord’s goal is to have his/her rental property under lease and occupied by tenants who will not only pay their rent on time, but who will properly use and maintain the property. After all, the property is an investment by the landlord of both time and money. While landlords typically relate property damage to tenants’ use of the property (i.e. throwing wild parties or vandalism), nonuse can also result in significant damage to the property, not only causing damage to the structure itself, but a diminution in value of the property overall. This is especially true during the winter months. For example, a tenant may take an extended vacation for the holidays or even abandon the property altogether. Any time a property is unoccupied for an extended period of time, maintenance issues may go undetected and/or other problems may arise unbeknownst to the tenant(s) or the landlord. These issues/problems may include the heat being turned off by the tenant, running water left on, a leaky faucet, a stove being left on, an electrical issue, or the shut off of one or more utilities by the respective utility company for nonpayment. Such issues can result in damage to the property, including, but not limited to, frozen/burst pipes, flooding, or fire. Moreover, the damage can extend to other units and/or affect the safety of neighboring tenants. Thus, it is important for a landlord to know when a tenant is going to be gone for an extended period of time. More >

‘Tis The Season To Think About Your Retail Lease

October 23, 2014
Posted In Commercial Lease, Landlord, Lease, Multi-unit properties, Real Estate Law

With November nearly upon us, the holiday shopping season is right around the corner. For retailers, the peak season can bring a whole host of issues to be considered in connection with a commercial lease. The best time to think about these issues is now – before the droves of eager customers start lining up at the doors. So, if you are a retailer and lease a space for your business, take a few minutes and consider the following: More >

Finding the Perfect Fit the Right Way

By Brendan R. Yates on September 18, 2014
Posted In Landlord, Real Estate Law, Screening, Tenant

Many of the issues that landlords encounter with problem tenants can be avoided or, at least minimized, by using a comprehensive screening process. This is sometimes easier said than done. Screening applicants in order to find the right fit is legal. However, landlords must be mindful that, under the Fair Housing Act and other applicable state and federal laws, a landlord cannot refuse to rent or lease to a person or otherwise discriminate against a person based on race, color, religion, sex, familial status, disability or national origin. Furthermore, while background searches and/or credit checks can be an effective screening method, a landlord must adhere to certain procedures during the application process. It is important to have the process outlined beforehand and carefully follow it with each prospective tenant to ensure fairness and consistency. The following are some helpful guidelines to keep in mind in the screening process: More >

Landlords, Make Sure Your Eviction is URLTA-Compliant

By Brendan R. Yates on June 12, 2014
Posted In KRS 383.500, Landlord, Real Estate Law, Tenant, URLTA

As tempting as it may be to immediately attempt to throw an unruly and non-abiding tenant out of the house or apartment, doing so can have serious legal consequences. Kentucky has codified the Uniform Residential Landlord Tenant Act in KRS 383.500 – 383.715 (“URLTA”). Pursuant to KRS 383.500, in order for the URLTA to be applicable in a given locale, that particular city, county, or urban county government must adopt the URLTA in its entirety. In areas where the URLTA has been adopted, tenants are often afforded greater protection at the landlord’s expense. More >

Not So Fast On Your “No Pets” Policy

By Brendan R. Yates on April 24, 2014
Posted In Dog owners, Emotional Support Animals, Federal Housing Administration (FHA), Homebuyers, Landlord, Real Estate Law, Tenant

Many landlords enforce a “no pets” policy in their rental units – and for good reason. Pets can be destructive, frighten other tenants, and increase landlords’ liability exposure. Such a policy, however, can be discriminatory to those with disabilities. While most landlords understand their obligation to make an exception for service animals, not all know what to do when a tenant requests to keep an emotional support animal (“ESA”) in their unit. More >

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