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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

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Reading KRS 383.200(a) and KRS 383.195 together leads to the inescapable conclusion that a tenant, at will or by sufferance, lawfully retains possession of the premises until one month after the written notice to vacate. This one month period may aptly be regarded as a “grace period” imposed by the legislature to allow the tenant a continuing right of possession for up to one month while he makes alternate arrangements for sheltering himself, his dependents, and his personal belongings. Whether that period is reasonable or not is not for this Court to say; it was prescribed by the legislature, and we are *423bound to accept it. Its effect is that a landlord cannot accurately or honestly state a claim for forcible detainer before the expiration of the tenant’s right of possession at the end of that month.