Kramer v. Lipscomb

No. 95-XX-00003 (Ky. Cir. Ct. Kenton County May 24, 1995) ; Clearinghouse Number: 50723

Description

Seven-Day Notice Without Advice to Tenants of Right to Cure Breach Is Insufficient

Abstract

The appellate court has reversed the lower court’s eviction of defendant tenants. Plaintiff landlord had alleged that tenants breached the lease by failing to pay rent. At trial, landlord produced a written “seven-day” notice that he said he had delivered to tenants; it stated that the rent had not been paid. Tenants testified that the check had been put in the mail. The trial court issued judgment for landlord. On appeal, the appellate court held that the “official, seven-day notice” from landlord was insufficient because it had not advised tenants of their right to cure the alleged breach by paying the rent within seven days. Counsel notes that, while adopting tenants’ construction of the state’s Uniform Residential Landlord Tenant Act (URLTA), the court tacitly rejected tenants’ argument that the trial court could not recognize any seven-day notice as legally sufficient because no copy of the city ordinance adopting the URLTA had been introduced into evidence and because the trial court could not have taken judicial notice of the city ordinance.

Additional Information

Attorney Information
Defendants represented by Thomas Seel, Northern Kentucky Legal Aid Society, Inc., 302 Greenup St., Covington, KY 41011, (606) 431-8200.
Docket Date
1995-05-24 00:00:00+00:00