Giving Notice

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This website provides information on renting for residency in Lexington, Kentucky. Renting laws change from city to city, and from state to state. You should NOT assume any of the information provided in this website applies to an area outside of Lexington.

>Renting Laws >Giving Notice

GIVING NOTICE

There are many actions that a landlord and/or tenant canNOT take without first giving notice. Even if it is not required, it is usually a good idea to give a WRITTEN NOTICE before any major actions that occur when living in an apartment. Often, landlord-tenant relationships can be strained and they may escalate into legal action. For this reason, it is a good idea to document everything that happens between you and your landlord. More importantly, it is essential to send WRITTEN NOTICES as often as possible. Make sure you use respectful language, SIGN and DATE all notices. If there is a problem later, documentation will help you prove your side of the story in court.

>>There are several Model Letters and Notices in Appendices to make writing notices easier.

The Landlord Must Give The Tenant The Following Notices
The Tenant Must Give The Landlord The Following Notices
The Tenant And Landlord Must Give The Following Written Notices To Each Other
When Does The Time Period Specified On A Notice Begin?
What Qualifies As “Receiving Notice”?

The Landlord Must Give The Tenant The Following Notices:

2 days before entering the apartment for a good reason (except in the case of emergencies).
7 days before evicting the tenant for overdue rent (see Not Paying Rent).
14 days for the tenant to repair damages caused by the tenant or tenant’s family or friends (if the repairs are not made in 14 days, the landlord can evict the tenant, see Tenant Noncompliance).
14 days for causing disturbances or otherwise violating the lease (if not corrected in 14 days, the landlord can evict the tenant, see Tenant Noncompliance).

The landlord does NOT have to (and usually does not) give notice or reminder for the tenant to pay RENT. The tenant must pay at the time and place agreed upon by the tenant and landlord. The law specifies that unless a different agreement is made between both the landlord and tenant, the rent must be paid at the BEGINNING OF EACH MONTH of tenancy. In the case of a roomer, unless the rental agreement fixes a definite term, the tenancy is week-to-week and the roomer must pay weekly.

The Tenant Must Give The Landlord The Following Notices:

When the apartment is in need of repair.
When the tenant plans to do his/her own repairs on the apartment.
If the tenant is going to be gone from the apartment for more than 7 days (see Gone For Awhile / Complete Abandonment).

The Tenant And Landlord Must Give The Following Written Notices To Each Other:

When the landlord or tenant is ending tenancy. This includes leases, week-to-week and month-to-month tenancy (see Ending Tenancy).
14 days before the tenant leaves if the property is badly damaged by fire, natural disaster, or fatality (see Fires & Other Disasters).

When Does The Time Period Specified On A Notice Begin?

Notices are not considered official until they are RECEIVED. So, if you have to give a notice 14 days before something happens, keep in mind that it must be 14 days AFTER the landlord receives the notice (the same goes for the landlord). The time period for ANY kind of notice begins when it is RECEIVED.

What Qualifies As “Receiving Notice”?

One person notifies another person, in-person or on the phone.
Notice from a tenant to a landlord – A written notice can be hand-delivered to the landlord at the landlord’s official place of business (through which the rental agreement was made) or at any other place where the landlord told the tenant to contact him/her. A written notice can also be mailed by certified mail to either of these locations.
Notice from a landlord to a tenant – A written notice can be delivered to the tenant by hand or mailed by registered mail to the tenant’s residency or last known place of residency.