This form is a generic pleading that may be referred to when ousting a tenant who has breached the terms of a lease or rental agreement by a tenant who has stayed (held over) after the term of the lease has expired.
Kentucky Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease
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Multi-State
Control #:
US-00867BG
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Word;
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How to fill out Complaint Or Petition To Recover Possession Of Leased Premises After Expiration Of The Term Of The Lease?
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If Tenant shall perform all of the covenants and agreements herein required to be performed by Tenant, Tenant shall, subject to the terms of this Lease, at all times during the Lease Term, have peaceful and quiet enjoyment of the Premises against any person claiming by, through or under Landlord.
Quiet enjoyment. There is an implied warranty in a lease that the landlord will not interfere with the tenant's quiet enjoyment of the premises. A landlord who harasses a tenant by making unnecessary repairs, or encourages other tenants to disturb the tenant, has breached the tenant's right to quiet enjoyment.
Tenancy at sufferance (also called "estate at sufferance" or "holdover tenancy") arises when a tenant who has a lawful possession of a property (for example, a lease) holds over without the owner's consent.
Constructive evictions occur when a landlord does not physically or legally evict a tenant but takes actions that interfere with the tenant's use and enjoyment of the premises significantly enough to constitute ?eviction in fact.? The doctrine of constructive eviction is based on a breach of the implied covenant of ...
Tenancy at sufferance refers to holdover tenants of an expired lease who no longer have the landlord's permission to remain in the property, but who have not yet been evicted.
Holdover tenant refers to a renter staying in the property after their lease terminates without signing a new lease.
What is a Warrant of Possession? A Warrant of Possession is what is needed for a ?set-out.? The judge will sign the Warrant of Possession and it will be sent to the Sheriff's Office. The Sheriff and landlord will agree on a date to have the tenant's property set outside the building.
When a tenant breaches a lease or improperly retains leased premises, the landlord may regain possession through a legal process known as actual eviction. Most lease terms require at least a 10-day notice in the case of default.