This Unit receives thousands of court orders directing the Sheriff to evict people from their residential or commercial property or to seize items of personal property to satisfy delinquent debt.
How the eviction process works
To safeguard the Landlord and the Tenant a legal process has been established when it becomes necessary for an eviction. The following is a brief step-by-step procedure: The Landlord sends a Certified or hand delivered letter to the tenant. The letter should state the reason for the eviction and adhere to the following time requirements:
|Reason for Eviction||Days of Advance Notice|
|Non Payment of Fees||7|
|Termination of Lease||30|
Where Do I Start?
If the rent is not paid the Landlord can go to Civil District Small Claims Dept. at 600 W. Jefferson St. room 3012, 502-595-4475 and file for eviction. There is a small filing fee. A court date is set and the Jefferson County Sheriffs Office will mail and hand deliver an eviction notice. (Writ of Forcible Detainer) If the renter is not located the eviction notice will be posted on the front door of the house or apartment.
If the Landlord wins an Eviction Judgment in Court,
The renter has seven (7) days to appeal. The renter can ask for a hearing or a trial. If the renter has not appealed the judgment, but still does not vacate: The Landlord must return to Small Claims Court and ask for a Warrant of Possession to get the property back.
Warrant of Possession : A Judge will then sign a "set-out" Warrant. The Landlord and the Sheriff will agree on a date to have the Tenants property put outside the building. The "set-out" Warrant is hand delivered to the Tenant by the Sheriffs Deputies, or posted on the door. At the designated time the Landlords moving crew and Sheriffs Deputies will meet to evict the renters. A landlord can then go to Small Claims Court to recover back rent owed them.
WHEN THE LANDLORD AND DEPUTIES MEET AT THE PROPERTY:The following is mandatory:
- The Landlord will have, 3 able bodied people for the Eviction from an apartment (and 5 persons for a house).
- One (1) hour is allotted for eviction so match your manpower accordingly.
- The Tenants property will be placed in front of the property one (1) foot from the curb and not blocking the sidewalk.
- The Landlord must leave the Tenants property there for forty-eight (48) hours from midnight after the set-out. After forty-eight hours the Landlord has the right to remove the Tenants property.
- The Landlord should change the locks at this point in the eviction process.
- The address must be visible on all rental property and each apartment must be numbered or identified properly.
- Do not change the locks or enter the property prior to the Sheriffs Deputies arrival. This is for your safety.
HELPFUL ITEMS TO BRING - FOR LANDLORDS AND HELPERS:
- GLOVES / MASKS / TOOLS
- GARBAGE BAGS / EMPTY BOXES
- APPLIANCE DOLLY / INSECT SPRAY
- WATER-HOSE (FOR WATER BEDS)
- LOCKSMITH / NEW LOCKS FOR THE HOUSE
The Coalition For The Homeless and Kentucky Housing Corporation are offering helpful information to those who are facing eviction.
For more information click here for their flyer.