General Information About Waiver
***PLEASE READ BEFORE USING THIS DOCUMENT***
The following document ONLY applies to jurisdictions in Kentucky that have enacted the Uniform Residential Landlord Tenant Act. These jurisdictions are: Barbourville, Bellevue, Bromley, Covington, Dayton, Florence, Lexington-Fayette County, Georgetown, Louisville-Jefferson County, Ludlow, Melbourne, Newport, Oldham County, Pulaski County, Shelbyville, Silver Grove, Southgate, Taylor Mill and Woodlawn.
If you do NOT live in one of these jurisdictions, please do not rely on this document for legal advice.
Further, this information only applies to residential leases. It does not apply to: commercial units, properties under contract for sale, hotels or motels, or people who are employed by the landlord.
A landlord may not evict you if he accepts your rent, partially or in whole after knowledge of a default. Rent is defined as any payment other than a security deposit. It does not matter where this rent comes from - this means if they accept money from you, the Section 8 program or a charity - they have waived their right to evict you.
There are two main situations where waiver may apply:
First, if you tendered a portion of your rent to your landlord. (For example your rent is $700 and you gave $350). Your landlord does not have to accept partial payments, but if he does, he loses his right to evict you for that month. It does not matter when your landlord accepted this payment, as long as it is before the eviction date, he cannot evict you.
Second, if your landlord is alleging a non-financial breach and he accepted rent after knowing of that breach, he has lost the right to evict you. (For example if your lease prohibits pets and your landlord finds out you have a dog in March, if he accepts April rent, he cannot terminate you for having a dog).
You should ALWAYS make sure you have a receipt from your landlord for rent. If your landlord refuses to give you a receipt, you should take a witness with you when you pay your rent, or pay your rent via check - so that you would have a cancelled check as proof of payment. Money order receipts are NOT good receipts, all they will tell a judge is that you obtained a money order - not who you gave it to.
BE AWARE - just because your landlord cannot evict you if he accepts rent - does not mean he cannot sue you in another court. For example, if you only made a partial payment, he could sue you in small claims court for the remainder of the payment.
Reviewed August 2009