13 www.loubar.org February 2026 that when it is included, it renders the notice improper, which should result in a dismissal. The notice letter to the tenant with the right to cure the lease violation is a pre-requisite to the filing of an eviction complaint. The majority of LAS eviction cases are dismissed due to improper notice. LAS has acted to prevent evictions from proceeding where the notice letter includes a demand for attorney fees in violation of KRS 383.570 (1). In 2025, LAS attorneys filed five motions to dismiss cases due to landlord/property managers demanding attorney fees within the non-payment notice, resulting in favorable settlement terms for our clients. Unfortunately, in many cases, even after dismissal, attorney fees and costs remain on the tenant’s ledger, despite the fact the tenant was the prevailing party and the case was dismissed. The Standard Agreement. One of the ways the court seeks to resolve cases while avoiding a judgment is to give the tenant one week to either pay in full all that is due and owing or to vacate the premises and return keys before the one-week review date. LAS has found that landlords include court costs and attorney fees in these totals. A large majority of cases are resolved in the County under the standard agreement. The agreement is between landlord and tenant and no one else reviews (1) the amount due, (2) whether at- torney fees were included or whether they are reasonable, (3) whether the landlord includes their court costs or other administrative fees. LAS has viewed ledgers charging $200 to $800 in attorney fees/eviction fees/court costs per case. In some cases it is more than a single month’s rent. Technically, when the standard agreement is followed, the case is dismissed, making the tenant the prevailing party. However, the tenant “agreed” to pay the attorney fees to get to that dismissal, in direct contradiction to the underlying policy and spirit of KRS 383.570 (1). This is also part of the cyclical misuse of eviction court as a “collections” court rather than as intended, for repossession of the property. LAS finds that attorney fees were paid in eviction court several times before the tenant sought representation. Rental Debt Collection Cases. In rental debt collection matters, most tenants go un- represented because they cannot afford an attorney. LAS and private attorney help is limited, with only 10% of the Kentucky bar taking cases pro bono and funding cuts threatening LAS budgets. Courts should require landlords prove their right to collect attorney fees by specific motion and with knowledge there are specific statutory requirements to the collection of attorney fees in eviction-related matters. The Kentucky of Appeals has held, (Continued from previous page) “mere failure to pay rent, accompanied by requests for more time or promises to pay, did not rise to the level of “willful” as defined by the statute.” Batson v. Clark, 980 S.W. 2d 566 (Ky. App. 1998). Time spent by an attorney on behalf of a landlord on eviction is related to the possession matter and should not be included in an award on the collections suit unless the landlord proves entitlement to such fee, under the statute and case law. It should never be awarded based on a prohibited clause in the lease. LAS does not attorney fee awards are never merited in an eviction-related matter. However, the blanket demand based on a prohibited lease provision should be denied. LAS is working hard to raise awareness of the prohibition of attorney fee-shifting in leases. LAS has filed two Declaratory Judgment actions in Circuit Court to request the Court find leases which violate URLTA be declared unconscionable due to their terms being unenforce- able. The legal community should raise awareness of URLTA protections for tenant leases in the County and protect tenants and landlords at the start of the contractual relationship, not merely the end. Landlords should review their company leases and remove prohibited provisions, so they are not misleading tenants and violating tenants’ rights. Landlord attorneys should review their client’s leases for legality and to protect their clients from potential litigation. Tenants should share this information with other tenants. Rebekah Cotton graduated from the University of Louisville Brandeis School of Law in 2010. She started her career as an advocate for persons with disabilities at the Kentucky Protection and Advocacy agency. After seven years, she moved to Virginia and worked as a prosecutor. She returned to Kentucky after the pandemic to work at the Legal Aid Society in the housing stability unit in May 2021 and currently leads the Volunteer Evic- tion Defense Program which supports volunteer attorneys, law students, interns and paralegals doing pro bono eviction defense cases for tenants who cannot afford an attorney. n Follow this link to view the full report https://yourlegalaid.org/news/beyond-back-rent derbycitylitho.com • duplicatorsales.net 1-800-633-8921 • 831 E. Broadway, Louisville, KY 40204 PRINT, CONNECT, SUCCEED Tailoring your Office Technology Solutions since 1959. Network Printers and Copiers Fleet and Managed Print Solutions Corporate Mailing Systems Computer Systems and Managed IT Document Management Professional Print William F. McMurry is Board Certified as a Legal Malpractice Trial Specialists by the American Board of Professional Liability Attorneys (ABPLA.org). The ABPLA is accredited by the ABA to certify specialist in the field of Legal Malpractice – SCR 3.130(7.40). William F. McMurry will personally handle each case while some services may be provided by others. Email [email protected] Call 502-326-9000 Talk to us about LEGAL MALPRACTICE And learn why lawyers throughout Kentucky refer their legal malpractice cases to William F. McMurry & Associates, PLLC Building referral relationships based on confidence and trust.
