In Kentucky, a land contract is created as a form of owner financing where the owner of the property holds the deed and the buyer makes payments to purchase the property, similar to a mortgage. However, the land contract provides specific guidelines and terms to protect the seller in the event the buyer defaults on payments. In the event the buyer fails to meet his obligations, you have the right to evict him in Kentucky.
Things You'll Need
- Eviction notice
- Copy of contract
Compose a 30-day notice for the buyer, or tenant, to vacate the property. Include your name, the date of the notice and the property address in Kentucky. Also, provide the reason for the eviction, such as nonpayment.
Give the notice to the tenant, an adult at the property or leave it on the door according to Kentucky state law. To cover all bases, mail a certified copy with receipt requested as proof the notice is received.
File a complaint with a petition for the tenant eviction at your local Kentucky courthouse. For instance, in Kenton County, visit the office of the Circuit Court in Covington, Ky., to file the petition. Provide the clerk with a copy of your land contract, a copy of the eviction notice and any other information regarding the claim.
Attend the hearing set by the Kentucky court. The date is supplied on your claim. The court serves the tenant, or buyer, with a copy of the summons to court providing her with the date and description of the case. She has the option to provide a defense in the case. However, if she does not appear, the ruling is in your favor.
Take any evidence or witnesses you have to the hearing. The judge makes a ruling on the case giving the tenant seven days to vacate the property if he finds your case is warranted. A “set-out” warrant is given to the tenant stating when the eviction, or removal of property, will take place if he fails to vacate the property.
Follow the “set-out” warrant guidelines for removing the buyer’s property. In Kentucky, you must have a sheriff's deputy with you to physically remove the tenant’s property. The warrant provides you with the date set by the judge.