How to Delay a Sheriff Lockout by Appealing an Eviction in Kentucky

If you’re a renter in Kentucky facing an eviction, you may be worried about being locked out by the sheriff. However, you might have options after the court rules against you. This guide explains how you can delay or "stay" (pause) the sheriff’s lockout by filing an appeal, including which forms to use, how the process works, and what you can expect under Kentucky law.

Understanding Evictions and Sheriff Lockouts in Kentucky

After an eviction case (also called a "forcible detainer" action) is heard in court, if the judge rules in favor of your landlord, the court issues a Warrant of Possession. This gives the sheriff permission to remove you from your home. Typically, this happens within 7 days of the court decision, unless you take further legal action.

• Warrant of Possession: Official court order giving the sheriff legal authority to carry out an eviction lockout.
• Forcible Detainer: Kentucky’s term for eviction cases.

It’s critical for renters to understand their rights and timelines if they want to delay or challenge a lockout.

What is a Stay of Sheriff Lockout?

A "stay" of eviction is a court order that temporarily pauses the enforcement of the Warrant of Possession. In Kentucky, filing an appeal on your eviction case can trigger a stay—if the correct legal steps are followed.

• The stay gives you additional time in your rental home while your appeal is being considered.
• However, you must act within a short window and follow the required procedures as set by Kentucky law.

Appealing an Eviction and Requesting a Stay in Kentucky

If you believe the eviction ruling was incorrect or unfair, you have the right to appeal. Under Kentucky Revised Statutes (KRS) Chapter 383, you generally must file your appeal within 7 days of the judgment.^[1]

To stop the sheriff lockout while your appeal is pending, you must also request a stay of the Warrant of Possession.

Key Forms for Filing an Appeal and Stay

• Notice of Appeal
  • When to use: File this form with the district court within 7 days after the judgment. It starts the appeal process.
  • Where to get it: Most district courts provide a template. Check your local Kentucky Court of Justice website or courthouse clerk.
• Supersedeas Bond (Stay Bond)
  • When to use: Required to "stay" (pause) enforcement of the Warrant of Possession during the appeal. The bond amount is usually equal to the rent that may accrue during the appeal.
  • Where to get it: Ask the district or circuit court clerk for the specific bond form and amount. See details at the Kentucky Court Forms page.

Which Tribunal Handles Kentucky Residential Tenancy Cases?

Residential eviction appeals are handled by the District Court where your case was first heard. Appeals typically go to the Circuit Court in your county.

• The initial eviction hearing is in District Court.
• The Circuit Court handles the appeal.

How Do I File an Appeal and Stay the Sheriff Lockout?

To pause an eviction lockout in Kentucky, renters must:

• File a Notice of Appeal with the District Court within 7 days of the eviction judgment.
• File a Supersedeas Bond to request a stay of the Warrant of Possession during the appeal.
• If granted, the stay will delay the lockout until your appeal is resolved.

The court may set the bond amount based on unpaid rent or estimated rent during the appeal. If you do not pay the bond or file correctly, the sheriff may proceed with the lockout.

Practical Example

If a Kentucky renter receives a judgment for eviction on May 1, they have until May 8 to file a Notice of Appeal. When filing, they also request a stay and pay the bond set by the court. If successful, the sheriff cannot carry out the lockout until the appeal is decided.

Relevant Kentucky Tenancy Law

The process and timelines for Kentucky eviction appeals and stays are governed by KRS Chapter 383 – Landlord and Tenant, specifically KRS 383.250 (appeals and warrant stays).

Action Steps for Renters

• Check the date of your eviction judgment.
• Visit your District Court or its website for the Notice of Appeal and bond forms.
• File your Notice of Appeal and pay the Supersedeas Bond within 7 days of judgment.
• Request a stay of the Warrant of Possession during your filing.
• Keep copies of all paperwork and follow up with court staff.

Don't delay—missing the appeal deadline can mean immediate lockout.

Frequently Asked Questions

1. Can I delay an eviction lockout in Kentucky by filing an appeal?
   Yes, if you file a Notice of Appeal and pay a Supersedeas Bond within 7 days, the sheriff lockout can be paused while your appeal is pending, according to KRS 383.250.
2. What is a Supersedeas Bond and do I need one?
   A Supersedeas Bond is a payment set by the court that temporarily stops the eviction lockout during your appeal. It is usually equal to the rent due during the appeal process.
3. Where do I file my appeal and request for a stay?
   Both are filed at the District Court that heard your eviction case. If your appeal is accepted, it moves forward to the Circuit Court.
4. Do I have to keep paying rent during my appeal?
   In most cases, yes. Kentucky law requires renters to pay ongoing rent during an appeal to maintain the stay.
5. What happens if I do not pay the Supersedeas Bond?
   If you do not pay the bond as required, the court may allow the sheriff to carry out the lockout even if you filed an appeal.

Conclusion: Key Takeaways

• You can delay a sheriff lockout in Kentucky by appealing your eviction and posting a Supersedeas Bond.
• You must act quickly—within 7 days of the judgment.
• Always check with your district court clerk for the correct forms and steps.

Staying informed and taking timely action can help you assert your rights as a renter.

Need Help? Resources for Renters

• Kentucky Court of Justice – Find contact info, forms, and district court locations.
• Kentucky Legal Aid – Free legal help for renters facing eviction (eligibility applies).
• Kentucky Housing Corporation – Resources on rental assistance and tenants' rights.
• KRS Chapter 383 – Landlord and Tenant Act – Read the full official tenancy laws online.

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1. Kentucky Revised Statutes (KRS) Chapter 383, see especially KRS 383.250 – Appeals and Warrants of Possession.
2. Kentucky Court of Justice – Find a Court
3. Kentucky Court Forms and Resources

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