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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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We reside in the state of Kentucky and have lived in the

Customer Question

We reside in the state of Kentucky and have lived in the same place for a little over nine years. There has not been a new rental agreement or rent increase in that time frame. We received notice 12-05-15 that our rent is increasing just three dollars shy of 30%starting 01-01-16. The landlord also stated we only have until 12-15-15 to sign the agreement or we can be evicted. That is less than 10 days to do so. My questions are: Is the 30% increase legal and is less than 10 days to sign the new agreement legal?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation.

You have what is termed a "holdover lease" (also called a "tenancy at sufferance" - the terminology is used to describe a month to month lease following a fixed term lease). This means that your lease is governed as a "month to month" lease agreement.

Unfortunately, in KY, the landlord is only required to provide you with 30 days notice of a rent increase. So the notice of rental increase is short by 4 days, but sending your landlord a notice that the notice is insufficient will only slightly delay (but not completely end) this issue.

Similarly, a "termination of lease" can be issued with 30 days notice (not 10 days - even if you have materially violated the lease multiple times you are entitled to 14 days notice prior to an unlawful detainer/eviction process). Your landlord is issuing improperly short notices for this. Please also note, this is a "termination of lease" as opposed to an "eviction" - lease termination simply means that the landlord no longer wishes to lease to a tenant, while an eviction happens when the tenant violates the lease agreement and the landlord must go to court and get a court order removing them from the property - I understand that as a tenant the difference may seem minimal (either one results in losing your home), but from a legal perspective, and as it affects your search for a new rental, this is a significant distinction)

Here is a very helpful handbook on Kentucky landlord tenant law: http://laslou.org/lasfiles/Tenants%20Rights%20Manual%2010-26-10.pdf

I do recommend that you continue seeking out a local attorney. If possible, contact your local bar association, many communities have legal aid offering low cost legal assistance for tenants as another option.

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Customer: replied 1 year ago.
Thank you for your response. I signed up for the unlimited questions offer and will use this service again. I will discuss this with my wife and see what she wants to do. It is funny how our landlord has told us over the past 9 years wee are the best trenants he has ever had. Money talks and Bullshit walks I guess. Thanks again.
Expert:  CalAttorney2 replied 1 year ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.

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Thank you again, and again I wish you the best.

Bill