How the eviction process works:
To safeguard the Landlord and the Tenant, a legal process has been established when it becomes necessary for an eviction. The following is a brief step-by-step procedure:
The Landlord sends a Certified or hand-delivered letter to the delinquent Renter. The letter should state “Back payment should be received within seven (7) days.”
If the rent is not paid, the Landlord can go to the Ohio County Circuit Clerk’s Office at 140 East Washington Street, Harford, Kentucky 270.298.3671 and file for eviction. There is small filing fee. A court date is set and the Ohio County Sheriff’s Office will serve the eviction notice (Writ of Forcible Detainer). If the Renter is not located, the eviction notice will be posted on the front door of the house, apartment or mobile home. There is a $50 Service Fee for serving the Writ of Forcible Detainer made payable to the Ohio County Sheriff’s Office.
If the Landlord wins an Eviction Judgment in Court, the Renter has seven (7) days to appeal. The Renter can ask for a hearing or a trial. If the Renter has not appealed the judgment but still does not vacate, the Landlord must return to court and ask for a Warrant of Possession to get the property back.
Once a Warrant of Possession is signed by the Judge, the Landlord and Sheriff will agree on a date to have the Tenant’s property put outside the building. The warrant is served to the Tenant by the Sheriff’s Office or posted on the door. There is a $50 Service Fee for serving the Warrant of Possession made payable to the Ohio County Sheriff’s Office. At the designated time, the Landlord’s moving crew and Sheriff’s Deputy will meet to evict the renters. One hour is allotted for a Deputy to remain on site. For your safety, do not change the locks or enter the property prior arrival of the Sheriff’s Deputy. The Tenant’s personal property will be placed in front of the property. The Landlord must leave the Tenant’s personal property there for 48 hours from midnight after the set-out. After 48 hours, the Landlord should contact an attorney about proper removal of any remaining personal property.
IT IS THE RESPONSIBILITY OF THE LANDLORD TO ARRANGE AND PAY FOR:
- Sufficient labor to remove tenant’s property from the premises;
- Change of locks on premises;
- Trash removal;
- Towing and storage for trailer removal.
Helpful Items to Bring for Landlords and Helpers:
- GLOVES, MASKS, TOOLS
- GARBAGE BAGS/EMPTY BOXES
- APPLIANCE DOLLY
- INSECT SPRAY
- LOCKSMITH/NEW LOCKS FOR DOORS