How to Evict a Roommate in Kentucky (and Other Household Situations)
What Kentucky law says about roommates who are not on the lease, guests who won't leave, family members, renting a room in your own home, and tenancies at will — each with the statute or official source.
Short answer: Where the Uniform Residential Landlord and Tenant Act applies, a "tenant" is a person entitled under a written or oral rental agreement to occupy a dwelling unit to the exclusion of others, and a "landlord" includes a sublessor. A roommate with no agreement with the landlord or the leaseholder is not a tenant under that definition; a roommate who sublets from the leaseholder can be that leaseholder's tenant. KRS 383.545(5), (11), (15)
| Roommate not on the lease | Where the Uniform Residential Landlord and Tenant Act applies, a "tenant" is a person entitled under a written or oral rental agreement to occupy a dwelling unit to the exclusion of others, and a "landlord" includes a sublessor. A roommate with no agreement with the landlord or the leaseholder is not a tenant under that definition; a roommate who sublets from the leaseholder can be that leaseholder's tenant. Kentucky's Uniform Residential Landlord and Tenant Act (KRS 383.505-383.715) applies only in cities and counties that have adopted it (KRS 383.500). Source: KRS 383.545(5), (11), (15) |
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| Removing a roommate or subtenant | A leaseholder who sublets is the roommate's landlord. The tenancy must first be ended with written notice: one month for a tenancy at will in areas without the uniform Act, or at least 30 days before a periodic rental date for month to month in areas with it. The roommate is then removed through a forcible detainer case in district court. In uniform-Act areas, a landlord who unlawfully removes or excludes a tenant or cuts essential services owes up to three months' rent plus attorney's fees. Kentucky's Uniform Residential Landlord and Tenant Act (KRS 383.505-383.715) applies only in cities and counties that have adopted it (KRS 383.500). |
| Guests who won't leave | No statute sets a number of days after which a guest becomes a tenant. Kentucky's law-enforcement removal petition applies only to someone who is not and never was a tenant, never had a written or oral agreement with the owner to occupy, entered property not open to the public, was told to leave, and is not an immediate family member of the owner. A guest who had the owner's oral permission to stay does not fit that process, so a court case may be needed. Whether a guest's permission amounts to an oral agreement to occupy depends on the facts. Source: KRS 383.290(2) |
| Removing a family member or partner | The law-enforcement removal petition cannot be used against an owner's immediate family member (spouse, parent, sibling, child, mother- or father-in-law, son- or daughter-in-law, grandparent or grandchild). A relative living there as a tenant at will or by sufferance can be required to leave with one month's written notice in areas without the uniform Act, followed by a forcible detainer case if they refuse. Domestic violence orders are a separate court process; KRS 383.300 protects tenants who have one. |
| Renting a room in your own home (lodgers) | In areas covered by the uniform Act, a "roomer" or "boarder" is a tenant occupying a unit that lacks at least one major bathroom or kitchen facility, sharing those facilities with other units, in a building where the landlord lives. Roomers remain tenants under the Act; a roomer who pays weekly rent with no fixed term has a week-to-week tenancy. Kentucky's Uniform Residential Landlord and Tenant Act (KRS 383.505-383.715) applies only in cities and counties that have adopted it (KRS 383.500). Source: KRS 383.545(12), 383.565(3) |
| Tenancy at will | In areas where the uniform Act is not in effect, a landlord may end a tenancy at will or by sufferance with one month's written notice requiring the tenant to leave. A tenant at will or by sufferance who refuses to give up possession after the landlord ends the tenancy commits forcible detainer. In uniform-Act areas, a month-to-month tenancy is ended by written notice at least 30 days before the periodic rental date. |
| Hotel and extended-stay guests | Where the uniform Act applies, transient occupancy in a hotel, motel, or lodgings subject to the state transient room tax is excluded from the Act. No statute sets a number of days after which a hotel guest becomes a tenant. Kentucky's Uniform Residential Landlord and Tenant Act (KRS 383.505-383.715) applies only in cities and counties that have adopted it (KRS 383.500). Source: KRS 383.535(4) |
Never remove someone by changing the locks or taking their belongings: if the person has become a tenant, only a court can order them out. If there is violence or a threat, call 911 and ask about a protective order.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.