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hey gang stephen marshall ky landlordlaw.com uh back with an update an unexpected update we got a bit of unexpected good news today this afternoon when the kentucky supreme court issued a new order allowing all evictions to proceed as of august 1st now there are a few terms but as of august 1st all all types of evictions are allowed to move forward here are the here are the terms first all properties that are covered by the cares act must first give a 30-day notice to vacate okay now that's that's nothing new you've known that was coming uh for a long time and the kentucky supreme court's order just just reaffirms that if you're not sure if your property is covered by the cares act make sure you check out my post on the cares act and then if you go to the front page of my site i have multiple searchable databases down at the bottom of the home page that allow you to look up your property see if it's covered by the cares act generally if your property's subject to a federally backed or federally insured loan you're subject to the cares act or if you participate in any federal government program section a rural development any of those li htc any of those you are subject to the cares act and you have to give a 30-day notice to vacate before you can move forward with an eviction second term is that all evictions must have a verification of compliance form attached to them okay if you filed an eviction recently for reasons other than non-payment of rent you're from somewhat familiar with this form now it's actually a new form that's getting created it's not the same verification of compliance form what we've been using is the aoc-102 form the new one is the aoc-1027 form it does not seem to be available yet but it will be up and running soon and i'll provide a link to that once it's available so plenty to be excited about this afternoon this evening but it's always best in these situations to step back take a minute and breathe a bit okay when we get in a hurry that's when mistakes get made and while this new order is certainly good news there's still a bit of murkiness out there and there's potential for everything to change very quickly as has been the case throughout the cove at 19 uh scenario and here's what's murky for us okay we have the governor's order from back in may that suspended evictions okay that remains in place and that's less important because the courts order effectively trumps the governor's order at least in the eyes of the court right because they're familiar with the governor's order and and they've still said you can move forward with your evictions uh regardless of what it's for but the murkiness is that part of the governor's order prohibits law enforcement officials constables sheriffs etc from enforcing eviction judgments and rits of possession now law enforcement is clearly a part of the executive branch they are they're under the supervision of the governor so are they going to follow the governor's order or not will they serve ritz of possession and will they enforce eviction orders that remains to be seen okay that's part of the murkiness that's out there the good news is that i expect the governor to agree on thursday to revise his order significantly if you've been following my post you know that there's a mediation which is just another word for basically a settlement conference on thursday july the 30th in covington at the federal courthouse in the lawsuit between the northern kentucky apartment association three of their member owners and the governor and it's over the ability to file non-payment of rent evictions and i think the governor knows he's in trouble on this issue and in that case and i expect he's going to agree to settle that case by making significant revisions to his order on evictions okay i expect that non-payment of rent evictions will be able to move forward statewide now that may be wishful thinking but that's that's kind of what i expect i do expect there may be some exceptions to that okay but i also expect that part of that agreement is going to be that law enforcement is allowed to enforce eviction orders as part of the settlement to that case but we're going to know more about that hopefully by the end of the week the other thing to keep in mind which could could really throw part of this for a loop is that congress is working on its next coveted relief package okay and that legislation may very well include another eviction moratorium at federally backed properties so if you're a property owner who originally fell under the cares act if you have a federally backed mortgage or if you participate in a federal government program you need to expect the worst on that point okay i don't know how long the eviction moratorium is going to last nobody does at this point but we should expect that to be part of the legislation that comes forward from congress okay so that again could change things significantly but where does that leave us as of right now i believe everyone should be giving out their notices to pay or vacate unless they've already done so in july so if july rent was past due and you gave a a notice to pay or vacate for july i think you're good you don't need to give another one to be ready to file in august if you're at a carers act property remember you have to give a 30-day notice if you're at a conventional property you can give a shorter notice if your lease or the law in your area allows for a shorter notice such as a seven-day notice under the uniform residential landlord tenant act next if you have a non-payment of rent case that's left over from from earlier this spring left over from march i think you should contact the court or contact your attorney and have that case put on the docket as soon as possible beginning august 1st because those should be the first cases that get heard under the supreme court's new order third if you have a non-renewal situation that was based on the tenant's failure to pay rent you should be ready to file on august 1st assuming that your notice has expired and assuming that you have not accepted any money after the notice has expired that would entitle the tenant to stay beyond the notice period so those should be ready to go so remember all of this is subject to change okay that that's been kind of the calling card of all this stuff since it started in march is that it's fluid it changes quickly i don't expect this order from the supreme court to be the only news we get on this issue this week i i think we'll hear more from the northern kentucky lawsuit i think we'll hear more from congress although that might not be this week but it's going to come soon and it may change everything i've told you today but what i've told you now is where we stand now and i will update you as soon as i'm able i'm heading out on friday for a week of vacation but i'm going to update you from the beach if i have to all right i will make sure you know what's going on in the meantime once your notices have been given and you're ready to file make sure you reach out to your friendly neighborhood attorney's office and they will get your eviction file all right i'm sure we'll talk soon hope you guys have a fantastic week take care