As a landlord, after you successfully file for eviction (a “forcible detainer” action) against a tenant and judgment is granted, you may find yourself in a situation where your tenant still does not vacate the property after the eviction order is signed by the judge. In every state, there are laws preventing landlords from using self-help remedies to regain access to their property. Landlords must continue to use legal remedies in order to lawfully remove a tenant. In Kentucky, this means filing a Warrant of Possession (also known as a “Set-Out Warrant”).
Generally, after the eviction is granted and the order is signed by the judge, tenants are given seven days to either vacate the property or appeal the eviction. If, after that seven day period, the tenant has not moved or appealed, the landlord may file a Warrant of Possession under the same case. The judge will then review the Warrant, and if it is valid sign and send it on to the applicable county sheriff’s office. Once the sheriff’s office receives the Warrant, landlords may contact the sheriff to schedule a time for officers to come and reclaim the property. While specific set-out procedures vary from county to county, generally landlords are expected to provide a certain number of people to assist in removing a tenant’s personal property from the premises. Any personal property left by a tenant must be left on the curb of the property for forty-eight hours for the tenant to collect, after which the property is considered abandoned and the landlord may have it removed.
The filing fees for a Warrant of Possession vary by county. If you are a landlord and need help through the eviction process, call Wetterer and Clare for a free consultation.
