My daughter lives with her boyfriend he wants her to leave. His name is on the lease her nameis on the utilities. What are her rights?

Hello jim:

She is a tenant, and needs to be evicted. That'll take a month or so.

excon

As noted, she is his tenant, he is her landlord. She has the same rights as any tenant. Since she does not have a lease with him, she is a periodic (month to month) tenant. He will have to give her a 30 day notice that he is terminating her tenancy.

... He will have to give her a 30 day notice that he is terminating her tenancy.

The notice to quit would have to be in writing.


"383.195 Termination of tenancy at will or by sufferance.
In those jurisdictions where the Uniform Residential Landlord and Tenant Act is not in effect, a tenancy at will or by sufferance may be terminated by the landlord giving one (1) month's notice, in writing, to the tenant requiring him to remove." http://www.lrc.ky.gov/KRS/383-00/195.PDF

"383.500 Local governments authorized to adopt provisions of the Uniform Residential Landlord and Tenant Act in their entirety and without amendment.
The General Assembly hereby authorizes cities, counties and urban-county governments to enact the provisions of the Uniform Residential Landlord and Tenant Act as set forth in KRS 383.505 to 383.705. ..."

Oh. This is interesting:


"383.695 Periodic tenancy -- Holdover remedies.
(1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven (7) days before the termination date specified in the notice.
(2) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days before the periodic rental date specified in the notice.
(3) The landlord or the tenant may terminate a tenancy begun upon the termination of a written lease by written notice given to the other at least ten (10) days before the termination date specified in the notice, except that if the tenant fails to pay rent within ten (10) days after the day it becomes due, the landlord may terminate the tenancy at any time without notice.
(4) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord may also recover an amount not more than three (3) months' periodic rent or threefold the actual damages sustained by him, whichever is greater, and reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, KRS 383.565(3) applies."


What that last part means is that, if the Uniform Act applies in the part of Kentucky where OP's daughter lives, and if he gives her a 30-day notice to quit but she ignores it, and he has to take her to court, he could recover 3 extra months of rent.

Harsh!