According to the National Low Income Housing Coalition, tenants occupy 563,173 rental units in Kentucky. These tenants sometimes have disputes with property owners that escalate to a point where legal intervention becomes necessary.
When landlords receive an unfavorable ruling in these cases, the Kentucky Constitution allows them to appeal the decision. However, they can do so only under certain circumstances.
Reasons for litigation
Property owners may seek legal action against renters for the following reasons:
- Non-payment of rent
- Property damage beyond normal wear and tear
- Violation of lease terms
- Failure to vacate after lease termination
- Illegal activities on the property
When landlords fail to prove their cases in the above property matters, the courts side with tenants.
Grounds for appeal
A property owner who loses a case may consider appealing the ruling but there must be grounds to do so. The reasons for appeal could include legal errors in the initial decision, new evidence not presented during the original proceedings or a belief that the ruling is inconsistent with applicable laws or regulations.
Documentation of evidence
To strengthen their case during the appeals process, landlords should document any mistakes they believe legal professionals made in the initial ruling. They should also prepare to present any new evidence.
The appellate process
In Kentucky, the appeals process usually begins by filing paperwork. Both parties may then submit written briefs outlining their legal arguments. In some cases, the appellate court may schedule oral arguments where the parties present their cases before a panel of judges.
Potential outcomes of an appeal
While an appeal provides an opportunity for a landlord to contest a ruling, the outcome is not guaranteed. The appellate body may uphold the original decision, modify it or even reverse it based on the merits of the case.
Timing is important when filing appeals. Failure to submit the necessary paperwork within the specified timeframe may result in a dismissal of the appeal.