Legal Question in Real Estate Law in Kentucky

Landlord trying to evict tenant

I have been trying to evict a tenant for about a year. The tenant is out of the property, But he keeps apealing every judgement by every judge. Now after the third judgement and his third atty, He is going to apeal it to the apeals court. Every Atty he gets will apeal on some FINE point of the law that means nothing, but it will hold me up in court and the sale of the property. My question is how do I make this (HIM) go away FOREVER. I know this will be hard to answer without all the facts, but maybe you know some ploy that might make him give up, or something i can file in court that would end this thing. Also this person has been charged with murder, And is out on bond. This person is more concerned about being evicted than being charged with murder. Any help would be welcome. Thanking you in advance


Asked on 5/03/98, 2:57 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Tenant Charged With Murder

For an accurate legal answer consult with a KY attorney.

This is an odd question. We represent landlords. When we run into a kook like this , we start to focus on the rent money. In GA, you cannot stay if you cannot pay. Now, they do not have to pay the rent to me, but they do have to pay the rent in to the registry of the court. I get court orders requiring payment of the rent on the 1st of each month and then watch the registry like a hawk. When they miss a day or a payment, I throw them out.

You indicated that he is out of the property. This will usually allow the landlord to retake possession if the tenant abandons or leaves the property perm. Ask your attorney if, under KY law, you can reenter and retake possession. This is tricky, so only do it if you are on good legal footing. Otherwise, you will simply buy another lawsuit.

If the appeals are ONLY about the $ he owes you, forget them. He is charged with murder. Any money he has or had is being taken by his criminal attorneys. You goal should be simply to recover your property. You should forget the money judgment against such a charming tenant as this one.

Good Luck

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Answered on 5/25/98, 2:30 pm


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