(1) The landlord or the tenant may terminate a week-to-week tenancy by a written
notice given to the other at least seven (7) days before the termination date specified
in the notice.
(2) The landlord or the tenant may terminate a month-to-month tenancy by a written
notice given to the other at least thirty (30) days before the periodic rental date
specified in the notice.
(3) The landlord or the tenant may terminate a tenancy begun upon the termination of a
written lease by written notice given to the other at least ten (10) days before the
termination date specified in the notice, except that if the tenant fails to pay rent
within ten (10) days after the day it becomes due, the landlord may terminate the
tenancy at any time without notice.
(4) If the tenant remains in possession without the landlord's consent after expiration of
the term of the rental agreement or its termination, the landlord may bring an action
for possession and if the tenant's holdover is willful and not in good faith the
landlord may also recover an amount not more than three (3) months' periodic rent
or threefold the actual damages sustained by him, whichever is greater, and
reasonable attorney's fees. If the landlord consents to the tenant's continued
occupancy, KRS 383.565(3) applies.
Effective: July 13, 1984
History: Repealed and reenacted 1984 Ky. Acts ch. 176, sec. 39, effective July 13,
1984. -- Created 1974 Ky. Acts ch. 378, sec. 40.
Notes of Decisions
Cited in
5
cases (
3 in the last 5 years), 1984–2023 · leading case:
Caudill v. Acton, 175 S.W.3d 617 (Ky. Ct. App. 2004).
Caudill v. Acton, 175 S.W.3d 617 (Ky. Ct. App. 2004).
· cites it 4× “…for failure to maintain); and JCO 151.47, KRS 383.685 (remedy after termination). 15 . 770 S.W.2d 225 (Ky.1989). 16 . KRS 383.695. 17 .KRS 383.695.”
Clay v. Terrill, 670 S.W.2d 492 (Ky. Ct. App. 1984).
“KRS 383.695, in the new act, contained the same requirement; however, the entire act was made applicable, by amendment, to only Fayette and Jefferson Counties.”
Ricky Young v. William House (Ky. Ct. App. 2022).
· cites it 4× “” KRS 383.695(2). A tenant can only be guilty of forcible detainer if he or she remains after the notice period has expired.”
Atkins Homes, LLC v. Hope Veinot (Ky. Ct. App. 2023).
· cites it 3× “660 and KRS 383.695 – was improper. However, Atkins’ argument overlooks the portion of CR 55.”
— Ky. Rev. Stat. § 383.695(2) — 2 cases
Ricky Young v. William House (Ky. Ct. App. 2022).
“” KRS 383.695(2). A tenant can only be guilty of forcible detainer if he or she remains after the notice period has expired.”
— Ky. Rev. Stat. § 383.695(4) — 2 cases
Caudill v. Acton, 175 S.W.3d 617 (Ky. Ct. App. 2004).
“…for failure to maintain); and JCO 151.47, KRS 383.685 (remedy after termination). 15 . 770 S.W.2d 225 (Ky.1989). 16 . KRS 383.695. 17 .KRS 383.695.”
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