Kentucky Agreed Termination of Lease and Surrender of Premises
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FAQ
In counties that have not enacted Kentucky's Uniform Residential Landlord and Tenant Act, landlords must provide 30-days' notice to a tenant to terminate a lease. Under Kentucky's Uniform Residential Landlord and Tenant Law, month-to-month leases must be terminated with a 30-day written notice of termination.
Surrender clause refers to a lease clause whereby the lessee is given the privilege of surrendering his rights and terminating his liability upon the giving of a stipulated notice or the payment of a designated sum of money, or, in some cases, without either of these formalities.
There is no obligation on a landlord to accept a surrender of a commercial lease and landlords will often only do so if there is a benefit in getting possession of the property back early.
Kentucky landlords can evict tenants for not paying rent when it is due. However, before filing the eviction lawsuit with the court, the landlord is required to give the tenant a seven-day notice.
In Kentucky, landlords must give at least two days' notice prior to entering a tenant's property. While Kentucky specifies how much time notice must be given, there is no specification on which hours landlords are able to enter a property.
Surrender of the leaseThis can be done formally, by deed, but this is not always necessary. If the landlord and tenant agree that the lease will be surrendered and they act in a way that is inconsistent with the lease continuing, the lease will be surrendered 'by operation of law'.
Surrendering by operation of law takes place when a new lease is signed or when the tenant abandons the property and the landlord takes possession. In both cases, the landlord takes over the property after the tenant has moved out.
Lapse of time When the prescribed time of the lease expires, the lease is terminated. Specified event When there is a condition on time of lease depending upon a happening of an event. Interest Lessor's interest to lease the property may cease, hence resulting in the termination of the lease.
A landlord can't force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Kentucky must follow specific procedures to end the tenancy.
Where the written lease expired and the parties simply continued with the lease on a month to month basis thereafter. If the lease is a month to month lease as contemplated in the Rental Housing Act, then it can only be terminated by either party by providing one full calendar month's written notice.
