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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38186
Experience:  Attorney over 16 years, landlord 26 years
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My tenant's lease in louisville,. expires 10/01/2015, he

Customer Question

My tenant's lease in louisville, ky. expires 10/01/2015, he sent his September rent and later said he would be out by 10/15/2015 and pro-rate Octobers rent, is that legal? I would think he would have to pay for the full month i=of October under the " holdover provision.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 2 years ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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he sent his September rent and later said he would be out by 10/15/2015 and pro-rate Octobers rent, is that legal?

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It is not "illegal" as in a criminal sense, but it would be a breach of contract. So your recourse here would be to immediately file a forcible detainer action against the tenant to pursue a legal eviction against them if you wanted them out.

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But if the tenant is there on Oct 1, then they owe for the entire month and you can hold them liable for the full month's rent by deducting it from their deposit or suing them in small claims court under a breach of contract claim.

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As an aside, in addition to being an attorney, I have also been a landlord in KY for over 26 years...

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thanks

Barrister