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Lazyh · Apr 25, 2013, 09:25 PM

I was delivered a notice to vacate my apt in 30 days. This was done less than15 hours after I appeared before a City Council Meeting to complain about problems which the landlord refused to remedy, that has and is still severely impacting my health and safety. There was no reason given and as the date of notice rent was current. The state is Kentucky.

I believe that the landlord in in violation of the following Kentucky Revised Statutes:
KRS 383.595 Landlord's Maintenance obligation and agreement
KRS 383.625 Noncompliance by landlord
KRS 383.635 Remedies for noncompliance that affects health and safety
KRS 383.705 Retaliatory Conduct

AK lawyer · Apr 26, 2013, 04:12 AM

Yes, you appear to be correct, assuming the city is "charged with responsibility for enforcement of a buidinng or housing code ...".

Did you have a question?

joypulv · Apr 26, 2013, 08:02 AM

Retaliation is easier to prove if there are multiple units owned by this landlord. I lived in a large complex once and a tenant organizer was evicted, and he won the case as retaliatory (in another state).

Why did you go before the city council? Did you complain to the health, fire, and building inspector first, I hope?

'as the date of notice rent was current.. '
If you have been late in the past, you can still be evicted. If you have been withholding rent recently, you need to put it in escrow with a lawyer.

Lazyh · Apr 26, 2013, 08:40 AM

Originally Posted by joypulv

Retaliation is easier to prove if there are multiple units owned by this landlord. I lived in a large complex once and a tenant organizer was evicted, and he won the case as retaliatory (in another state).

Why did you go before the city council? Did you complain to the health, fire, and building inspector first, I hope?

'as the date of notice rent was current..'
If you have been late in the past, you can still be evicted. If you have been withholding rent recently, you need to put it in escrow with a lawyer.

I have never been late with the rent the 9 years that I have been in ap.
No building inspector, health department no good. Went before city council because this was a health, safety, and disability issue that land lord refused to remedy.

joypulv · Apr 26, 2013, 09:11 AM

Disability laws protect the applicant when applying, but don't make a landlord provide special accommodations unless they existed prior and fell into disrepair. Two main exceptions are allowing a service dog and a special parking space. The disabled person must have gov't proof of disability. Ramps, low counters, wide doorways, etc, are expected to be paid for by the tenant and the landlord doesn't have to allow them, or can require that they be returned to as before when you move out.

I have heard of towns with no building inspector, but not many! What state is this?

ScottGem · Apr 26, 2013, 09:35 AM

I agree that this seems retaliatory. So what happens is you refuse to vacate. In 30 days, the landlord files for eviction, which call for a hearing. You go to the hearing and show your proof that you have requested vital repairs that have not been made. This forced you to go to the city council for redress.

The court will either rule in your favor and deny the eviction or uphold it.

Lazyh · Apr 26, 2013, 01:22 PM

Originally Posted by ScottGem

I agree that this seems retaliatory. So what happens is you refuse to vacate. In 30 days, the landlord files for eviction, which call for a hearing. You go to the hearing and show your proof that you have requested vital repairs that have not been made. This forced you to go to the city council for redress.

The court will either rule in your favor and deny the eviction or uphold it.

This has helped

Lazyh · Apr 26, 2013, 01:23 PM

Originally Posted by joypulv

Disability laws protect the applicant when applying, but don't make a landlord provide special accommodations unless they existed prior and fell into disrepair. Two main exceptions are allowing a service dog and a special parking space. The disabled person must have gov't proof of disability. Ramps, low counters, wide doorways, etc, are expected to be paid for by the tenant and the landlord doesn't have to allow them, or can require that they be returned to as before when you move out.

I have heard of towns with no building inspector, but not many! What state is this?

Kentucky

Lazyh · Apr 26, 2013, 01:25 PM

Originally Posted by joypulv

Disability laws protect the applicant when applying, but don't make a landlord provide special accommodations unless they existed prior and fell into disrepair. Two main exceptions are allowing a service dog and a special parking space. The disabled person must have gov't proof of disability. Ramps, low counters, wide doorways, etc, are expected to be paid for by the tenant and the landlord doesn't have to allow them, or can require that they be returned to as before when you move out.

I have heard of towns with no building inspector, but not many! What state is this?

The county had one but he was drunk most of the time!

JudyKayTee · Apr 26, 2013, 06:23 PM

If the tenant is month to month does the landlord need a reason to evict in Kentucky? If a tenant is a complainer, the landlord doesn't like the color of her eyes, something else, then the landlord has the right to evict.

And a drunken inspector "all the time"?

ScottGem · Apr 26, 2013, 07:14 PM

Under the law:
383.705 Retaliatory conduct. (1) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after: (a) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety;

So, even though the OP might be month to month, this statute would still prohibit an eviction. At least this soon.

Fr_Chuck · Apr 27, 2013, 12:27 AM

I am having issues as to why the renter when to the city council, and to be honest, can't understand what the city council could have even done.

This is at most a issue for building inspector, or code enforcement, if they city has those.
If they failed to do their job, you go to city council about the inspector, not the property.
The most the city council could do, may be to condemn the property, so you have to move.

If you went to council, merely to cause trouble, without their having ability to fix issue, then this is another issue.

Also what is not being fixed, landlord is not responsible to do everything a renter wants.

JudyKayTee · Apr 27, 2013, 08:20 AM

Agree with FrChuck - what are/were the problems?

And, yes, Scott, I agree, but I think proving the eviction is retalaitory would be very, very difficult to prove.

And if the eviction fails this month, the landlord will certainly try again. Why stay where you are not wanted? I'd move and get out from under the stress.

AK lawyer · Apr 27, 2013, 08:50 AM

Originally Posted by JudyKayTee

Agree with FrChuck - what are/were the problems?
...

The problem seems to include a drunken building inspector (not "all the time", but "most of the time", according to OP). If the inspector is wandering around in a tipsy condition, he or she might be a nuisance or (at least) unable to function. That would be one reason OP may have gone to the council meeting.

ScottGem · Apr 27, 2013, 09:00 AM

This was done less than15 hours after I appeared before a City Council Meeting to complain about problems which the landlord refused to remedy

Given this, I doubt if it would be hard to prove. But I agree, that a few months down the road, a lease termination will go through. So I think the OP has little choice but to move as soon as practical.

As to why the OP went through the unusual step of going to the city council, I think we haven't heard the whole story here.

Bottom line, I doubt if the landlord can make an eviction stick at this time. But I also think the OP needs to start looking for new lodgings.