You have had a 7 day notice served upon your tenant but they have shown no signs of moving out of the property willingly. What are your options now?
The only option left for you as a landlord is to file a Forcible Detainer with District Court, Civil Division.
A Forcible Detainer is a legal notice of intent to evict. You will be provided with a court date which is typically a week to two weeks from the time you file with District Court. Upon your court date a judge will hear both sides of the case.
If the judge sides with the landlord the tenant is commonly provided 7 days to vacate the property willingly, which is also the time they have to appeal the judgment. The 8th day will be the first day that you can legally remove a tenant from a property. In Fayette County, your judgment is good for 30 days.
If the tenant has appeared to move but has left property, including but not limited to couches, chairs, tables, bed or any other items, they are still considered to occupy the rental unit.
DO NOT attempt to evict a tenant without going through the Court system. It can increase your liability to do so.
To evict a tenant you must get a Warrant for Possession commonly known as a WRIT, issued by a District Court Judge. You may contact the District Court Clerk by phone to have a WRIT issued. Please contact our office to schedule the eviction before calling District Court.
Fayette District Court: (859) 246-2240
Fayette County Constable: (859) 252-3023 or (859) 255-4371