April 17, 2014
Mr. Rick Richards
...
Mr. Richards,
I am writing to you on behalf of Mr. David Davidson, a tenant at xxxx. Mr. Davidson
has received notices from JLM Property Management LLC as well as yourself stating
that “there is no longer a lease agreement in effect” and that she must vacate the property
by April 30, 2014. I understand that you also allege that your sales contract references
Ms. Lindsay’s lease and states that her lease is “null and void”. You also state that she
must pay an increased rent of $200.00 per week. Regardless of your assertions, I have
advised Mr. Davidson that you have no present right to evict Mr. Davidson or raise her
rent simply because you are the new owner of the property.
Section 24 of Mr. Davidson’s Lease with JLM Property Management LLC titled
“BINDING EFFECT” provides that “this Lease, and the Agreements of Landlord and
Tenant contained herein, shall be binding on, and inure to, the benefit of . . . Successors .
. .” As JLM Property Management LLC’s successor in interest you are bound by Mr.
Davidson’s contract with JLM Property Management LLC. The lease cannot be changed
simply as a result of the sale to you regardless of what the sales contract says.
Under Kentucky law, “(i)t is well settled that the lessor of land has only a reversionary
interest in the land. The successor in interest of the lessor can, of course, receive no
greater interest in the land than that of the lessor.” Grey v. Wilson, 554 S.W.2d 867, 869
(Ky.App. 1977) overruled on other grounds by Wilson v. Grey, 560 S.W.2d 561 (Ky.
1978) citing to Anderson v. Island Creek Coal Company, 297 F.Supp. 283
(W.D.Ky.1969). Furthermore, “(i)t is elementary that . . . the grantee takes no greater
title under a deed than the grantor had.” York v. Perkins, 269 S.W.2d 242, 243 (Ky.
1954). All of this means that you have no greater rights than JLM had. Therefore, you
have no right to possession of the property until Mr. Davidson’s lease comes to its lawful
end.
Let this letter serve as our formal demand that you cease and retract all demands that Mr.
Davidson vacate the residence. Furthermore, you are bound by Mr. Davidson’s lease and
you must cease and retract all demands that Mr. Davidson pay an increased rent. At this
time, all communications intended for Mr. Davidson should be directed towards me.
Please contact me in writing to formally retract your demand that Mr. Davidson vacate
the residence and pay an increased amount in rent. Mr. Davidson intends on sending her
May rent to your address at . . . . If you have any questions regarding your obligations as
the owner and landlord of the property at Eastern Avenue I would strongly recommend
that you seek out the counsel of an attorney. I look forward to hearing from you.
Sincerely,
_______________________
Peter C. Nienaber
Staff Attorney
Legal Aid of the Bluegrass
104 East Seventh Street
Covington, Kentucky 41011-2502
Direct: (859) 431-8540
P: (859) 431-8200, Ext. 1236
F: (859) 431-3009
[email protected]
Cc: David Davidson