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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Shinkle v. Turner, 496 S.W.3d 418 (2016)

Citation
Shinkle v. Turner, 496 S.W.3d 418 (2016)
Parent Document
Shinkle v. Turner, 496 S.W.3d 418 (2016)
Jurisdiction
Kentucky (state)
Effective Date
2016-08-25

Full Text

1,062 chars
In Kentucky, a tenant is guilty of a forcible detainer when he refuses to vacate the premises after his right of possession has ended. KRS 383.200(a) provides: “A forcible detainer is ... [t]he refusal of a tenant to give possession to his landlord after the expiration of his term; or of a tenant at will4 or by sufferance5 to give possession to the landlord after the determination of his will.”6 For cases which, like the instant action, are unaffected by the Uniform Residential Landlord and Tenant Act,7 KRS 383.195 prescribes the *422means by which a landlord must communicate the “determination of his will” to end the tenancy: a landlord may terminate “a tenancy at will or by sufferance [by] giving one (1) month’s notice, in writing, to the tenant requiring him to remove.” Therefore, by operation of KRS 383.195, Shin-kle’s tenancy and right of possession, did not terminate until one month after being notified to remove himself from the premises. It follows that he could not be guilty of forcible detainer until after his right of possession ended.