Archive | July, 2026

Housing Affordability Begins at the Local Level

11 Jul

In her June 26, 2026, The News-Enterprise syndicated column, S.E. Cupp, titled “Who Cares About Housing?” Certainly Not the President” argues that President Trump has failed to address America’s housing challenges by not supporting recently proposed federal housing legislation. 

The column illustrates a common misunderstanding about where the real obstacles to housing affordability lie. 

While federal policies can influence mortgage financing, tax incentives, and lending regulations, the greatest barriers to affordable housing are found much closer to home. Local governments determine whether housing can be built through zoning ordinances, subdivision regulations, permitting requirements, infrastructure planning, development fees, density restrictions, and approval processes. These decisions directly affect the cost, quantity, and speed of residential construction. 

Describing America’s housing market as a single, national “housing crisis” oversimplifies a much more complex issue. Housing markets are local. Communities experiencing rapid population growth face different challenges than rural counties or smaller cities. One-size-fits-all federal legislation is unlikely to solve problems that vary significantly from one community to another. 

The recently proposed housing legislation contains provisions that may have merit, but it is difficult to argue that it would increase housing affordability without addressing the local regulatory barriers that often prevent new housing from being built in the first place. It risks becoming another piece of legislation that allows elected officials of both parties to claim progress while producing only modest practical results. 

Real improvements in housing affordability will come when local communities carefully examine their own land-use policies, encourage responsible development, streamline approval processes where appropriate, and create an environment in which builders can deliver more housing at prices that working families can afford. 

Before assigning blame to Washington, we should recognize that many of the most effective solutions begin at city halls, planning commissions, and county fiscal courts across America. 

TW Shortt 
Radcliff, Kentucky 

Tags: , , , ,

When “Why Are You Running?” Is Not Enough 

9 Jul

By T.W. Shortt
Former Radcliff City Council Member

Hardin Local, the local podcast and media platform operated by Phil Taul, did Hardin County voters a real service leading up to the May 19, 2026, primary election. It gave candidates a place to speak directly to the public, on camera, in their own words. Hardin Local reported that it offered candidates in contested races a free interview opportunity and made the candidate videos available to voters. 

That matters. 

In local elections, voters rarely get the benefit of major televised debates, large editorial boards, or wall-to-wall newspaper coverage. More often, citizens are left with yard signs, campaign cards, Facebook posts, and word of mouth. A serious candidate interview gives voters something better: a chance to see how a candidate thinks, speaks, prepares, and responds when asked basic questions about public service. 

One of the most important races in Hardin County is the race for Mayor of Radcliff. The primary narrowed the field to two candidates, Toshie Murrell and Terry Owens. According to Hardin Local’s posted primary results, Murrell received 862 votes, and Owens received 857 votes, a five-vote difference at the top of the field. The general election is scheduled for November 3, 2026. 

That narrow result alone should get every Radcliff voter’s attention. 

During the interview process, the moderator gave the candidates the perfect opening question: tell the audience your “why” for seeking this office. 

That is a good question. It is fair, simple, and open-ended. It gives a candidate room to explain personal motivation, public service, love of community, experience, and vision. It allows voters to hear whether a candidate is running out of ambition, concern, frustration, duty, or a sincere belief that he or she has something useful to offer. 

But here is the problem: there is a difference between a personal “why” and a governing “why.” 

A candidate can love Radcliff and still not explain how Radcliff should be governed. A candidate can have years of city council experience and still owe voters a clear statement of what needs to change, what needs to be protected, and what needs to be improved. Personal affection for the city is commendable. Public service is honorable. Experience matters. But the mayor’s office requires more than good intentions, warm feelings, or a résumé. 

It requires direction. 

For a race this important, the “why” question should not be treated merely as a personal introduction. It should be the doorway into a four-year agenda. 

What has the candidate learned from serving on the city council? What areas of city government need tightening up? Is public safety adequately staffed, supported, and prioritized? Are streets, drainage, code enforcement, housing, business development, and city services moving in the right direction? Is Radcliff doing enough to present itself as a strong, orderly, business-friendly community next door to Fort Knox? 

Those are fair questions. They are not attacked. They are the ordinary questions citizens should ask anyone seeking executive leadership in city government. 

The mayor of Radcliff is not simply a ribbon-cutter or ceremonial figure. The mayor helps set the tone for the city government. The mayor works with the council, represents the city to citizens, speaks to outside investors, and helps shape the public image of Radcliff. The person elected mayor will have influence over how Radcliff is seen, how Radcliff is managed, and how Radcliff moves forward. 

That is why voters need more than “I love the city.” They need more than “this is the next step.” They need more than biographies. They need an agenda. 

Hardin Local may offer another opportunity for candidates to speak to voters before the November general election. If that opportunity comes, both candidates should take full advantage of it. They should come prepared not only to explain why they want the office, but what they intend to do with it. 

There must be some meaningful difference in how these two honorable candidates would govern. If there is no difference, voters are left to choose based on personality, name recognition, or habit. That is not enough for a city to face real decisions about growth, public safety, infrastructure, business development, and quality of life. 

There is no reason for a serious candidate to be afraid to make a clear case for herself. In fact, that is part of leadership. A candidate for mayor should be able to say: here is what I see, here is what I believe, here is what I would focus on, and here is how I would measure progress. 

Congratulations to both candidates for advancing the general election. That is an achievement. 

Now comes the harder part. 

Give the voters something solid to hang their hat on. 

Tags: , , , ,

When the Pain Gets Big Enough: Why People Finally Decide to Buy

8 Jul

People do not usually make decisions for no reason. Most purchases begin with a problem, discomfort, need, or desire that has not been satisfied. A person may think about buying something for days, weeks, months, or even years, but thought does not always lead to action. Action usually happens when the pain of the current situation becomes strong enough to demand a decision. 

This principle applies to almost any buying decision. 

A person may buy a new car when the old one becomes unreliable, too expensive to repair, or no longer safe. A business owner may buy new equipment when the old equipment slows production or causes lost revenue. A family may buy a larger home when the current house becomes too crowded. A customer may buy new clothes when an important event is coming up or when their current wardrobe no longer fits their needs. Even small purchases often follow the same pattern: something is missing, broken, inconvenient, uncomfortable, or no longer acceptable. 

First, people often tolerate problems. They adjust. They delay. They tell themselves they can wait a little longer. That is because buying also creates its own kind of pain. The buyer must spend money, compare choices, accept risk, and sometimes change old habits. For many people, doing nothing feels easier than making a decision. 

But eventually, the scale tips. 

The pain of staying with the current situation becomes greater than the pain of buying. That is when the customer moves from thinking to acting. 

After four decades as a residential real estate broker, and after training more than 100 sales agents, I have found that this is one of the most difficult concepts to teach. New agents often believe their job is to “sell someone a house.” That sounds simple, but it misses the important aspect. 

The real job is not to sell someone a house. The real job is to understand the buyer’s level of pain with their current situation and help solve the problem that pain has created. 

A buyer may say they want three bedrooms, two baths, a garage, and a certain price range. Those details matter, but they are often only on the surface. The deeper question is: Why now? What is happening in their life that makes moving necessary? Are they out of space? Are they tired of renting? Is the commute wearing them down? Are they trying to get closer to family, work, school, or medical care? Are they facing a life change such as marriage, divorce, retirement, military relocation, or the need to care for an aging parent? 

Until an agent understands the problem, the agent is only showing property. Once the agent understands the pain, they can help the buyer make a sound decision. 

This same idea applies beyond real estate. It is like a pleasure-versus-pain calculation. The buyer compares the discomfort of the present condition against the expected benefit of solving the problem. When the expected relief, convenience, safety, savings, pride, or satisfaction becomes greater than the cost and effort of buying, the buyer is more likely to move forward. 

That is why successful selling is not simply about describing a product. It is about understanding the buyer’s problem. People do not buy a drill because they want a drill; they buy the ability to make a hole. People do not buy a mattress simply because they want furniture; they want better sleep. People do not buy insurance because they enjoy paying premiums; they want protection from loss. People do not buy a home only for bedrooms and bathrooms; they buy stability, pride, space, safety, and control. 

In every case, the purchase is connected to relief. 

A good salesperson, business owner, or advisor should not pressure people into buying. Instead, the better approach is to help the customer clearly understand the problem, the cost of doing nothing, and the benefit of solving it. The most important question is often not, “Do you want to buy this?” The better question is, “What problem are you trying to solve?” 

That question gets closer to the real reason people buy. 

As I often say: 

“People do not buy when they are sold. They buy when their problem becomes clear enough to solve.” 

— TW Shortt 

When the pain of the present becomes stronger than the fear of change, people act. That is when shoppers become buyers. That is when interest becomes a commitment. That is when a buying decision truly begins. 

By: 

TW Shortt, CRB 

Kentucky Real Estate Broker

“Spooked Buyer Gets Boo-nanza: Haunted House Sale Nullified by Court!”

8 Jul

The Case of Stambovsky v. Ackley (1991): A Landmark in Real Estate Disclosure Decisions.  

By T.W. Shortt | TW Shortt Reports

T.W. Shortt is a Hardin County real estate broker, past president of the Heart of Kentucky Association of REALTORS®, and writer of the Focus on Finance column on housing and local economic issues.

The 1991 case of Stambovsky v. Ackley is a pivotal legal precedent in real estate law, particularly regarding the duty of sellers to disclose non-physical defects. The case, often called the “Ghostbusters ruling,” highlights the importance of transparency and full disclosure in real estate transactions.

The case began when Jeffrey Stambovsky, a resident of New York City, purchased a Victorian house in Nyack, New York, from Helen Ackley. Unbeknownst to Stambovsky, Ackley had widely publicized the house as haunted. This reputation was well-known locally and featured in publications such as Reader’s Digest. Ackley, however, did not disclose this information to Stambovsky during the sale.

Upon learning of the house’s haunted status, Stambovsky sought to rescind the purchase agreement. He argued that Ackley’s failure to disclose the house’s reputation for being haunted materially affected the property’s value. The lower court initially dismissed Stambovsky’s claim, adhering to the doctrine of caveat emptor, or “buyer beware.” This doctrine traditionally places the onus on the buyer to discover any defects.

However, upon appeal, the New York Supreme Court, Appellate Division, ruled in favor of Stambovsky. The court held that Ackley deliberately promoting the house’s haunted reputation created a material defect that should have been disclosed. The ruling was groundbreaking because it recognized that non-physical defects, such as a property’s reputation, could significantly impact its value and should be disclosed to potential buyers.

Judge Israel Rubin famously stated in writing for the majority, “As a matter of law, the house is haunted.” This statement underscored the court’s recognition that Ackley’s actions had legally established the house’s haunted status. The ruling allowed Stambovsky to rescind the contract and recover his deposit.

The Stambovsky v. Ackley case set an important precedent in real estate law by expanding the scope of what constitutes a material defect. It underscored that sellers must disclose physical defects and conditions affecting a property’s value or desirability. This includes non-physical factors such as a widely known reputation, even if such factors are based on superstition or local folklore.

For real estate sellers, the case underscores the importance of full disclosure in selling property.  Sellers are encouraged to disclose all relevant information, ensuring buyers can make informed decisions. This ruling has influenced disclosure laws across the United States, promoting greater fairness and integrity in the real estate market.

In conclusion, the Stambovsky v. Ackley case is a landmark in real estate disclosure law. The court held that a seller must disclose a condition affecting the property’s value even if a reasonable inspection would not discover it.

Disclaimer: This article reflects the author’s views and is provided for general informational purposes only. It should not be relied upon as legal, financial, tax, or real estate advice. Readers should consult an appropriately qualified professional regarding their individual circumstances.

Copyright 2024 TW Shortt

Before you list, learn your options and potential costs with our Free Kentucky Home Seller Guide.

Thinking about selling your Kentucky home?

Get the free guide here

Tags: , , , ,

Podcast Episode: Southern Hospitality Has Limits: How to Boot Out a House Guest Who Thinks They O

7 Jul

Pip: Welcome to TW Shortt Reports, where twshortt covers the kind of legal and real estate territory that sounds neighborly right up until someone changes your locks.

Mara: Today we're looking at what happens when Southern hospitality runs out of runway — specifically, how Kentucky law handles the line between a house guest and a squatter.

Pip: Let's start with that line, because apparently it moves faster than you'd think.

Southern Hospitality Has Limits

Mara: The question here is a practical one: at what point does your overnight guest become a legal occupant, and what do you actually do about it?

Pip: And the answer involves a real Louisville case that reads like a cautionary fable. The post walks through Toma v. Davis and Sencuk from 2024, where a homeowner let two friends stay in his garage while they sorted out car trouble — and they changed his locks.

Mara: The post draws the lesson directly from that case: "never underestimate the potential for a temporary favor to spiral into a legal nightmare."

Pip: Which is a polite way of saying that no good deed goes unpunished, especially when the deed involves a garage and a spare set of keys.

Mara: The post is careful to distinguish the legal thresholds. An invited guest doesn't carry tenant rights under Kentucky law — but once someone starts receiving mail at your address, pays utilities, or refers to the place as "our home," that status can shift.

Pip: And the shift matters because the remedy changes with it. Below that threshold, the post outlines a clear escalation: start with a direct in-person conversation, set a departure deadline, and offer help finding other accommodations.

Mara: If that doesn't work, written notice comes next. The post notes Kentucky law doesn't set a specific notice period for guests, but three to seven days is considered reasonable — and that documentation matters if things go further.

Pip: Further meaning law enforcement. Under KRS 511.060, a guest who refuses to leave after being asked can be charged with criminal trespassing.

Mara: The post also flags what not to do: changing the locks yourself or removing someone's belongings counts as a self-help eviction, which is illegal and can create legal exposure for the homeowner.

Pip: So the person trying to reclaim their couch can end up in more trouble than the person occupying it. That's the part that stings.

Mara: If the guest has crossed into tenant territory — thirty-plus days, mail, financial contributions — the post lays out a formal court process: written notice, a Forcible Detainer Complaint, a hearing, and potentially a Writ of Possession to get law enforcement involved.

Pip: The throughline is consistent: document everything and let the legal process do the work, not your deadbolt.

Mara: And above all, the post recommends consulting an attorney rather than relying on informal advice — the stakes are high enough that professional guidance is worth it.

Pip: Rights and real estate tend to travel together — which is worth keeping in mind the next time someone asks to crash for "just a few days."

Mara: The core of it is straightforward: knowing where the law draws the line is what lets you enforce it without crossing one yourself.

Pip: Southern charm has a statute of limitations. More from TW Shortt Reports next time.

Tags: , ,

Hardin County’s New Housing Boom: Are We Seeing Our Own Version of Levittown? 

7 Jul

By TW Shortt

CRB, Real Estate Broker

Never in my four decades in the real estate business have I seen the kind of large-scale homebuilding now taking place in Hardin County. We have had plenty of local and regional builders over the years, but this latest version is different. What was once difficult for local and regional builders to produce at this speed is now being done by national builders such as D.R. Horton, Fischer Homes, and Century Complete. 

At least nine new home subdivisions are now under construction locally, bringing hundreds of new housing units to the market. These include Ashton Park, Cowley Farms, Meadows at Cowley Crossing, and Miles Pointe by D.R. Horton in Elizabethtown; Hearthstone by Fischer Homes in Elizabethtown; Summit Creek by Century Complete in Elizabethtown; Hidden Ridge by Century Complete in Radcliff; and The Landings and Falcon Heights by Century Complete in Vine Grove. 

This raises two important questions for our region: Where are all these buyers coming from, and how are building products being allocated and delivered into the marketplace on this scale? 

An effective way to understand the process is to drive by the railhead near the corner of Lincoln Trail and Highway 313 and notice the yard packed with building packages. Every square foot of the lumber yard is filled with pre-wrapped materials, and trucks move in and out regularly. This is not a small-scale building but a coordinated system. 

While this level of mass production feels new to Hardin County, the idea itself is not new. After World War II, Levittown, New York, became the national model for mass-produced housing when Levitt & Sons built more than 17,000 homes between 1947 and 1951 to help house returning veterans and their families. The concept was simple: keep the building process standardized, repeatable, and fast. Instead of custom-building every house, the builder used a limited number of floor plans, standardized materials, and an assembly-line approach to construction. 

Levittown went a long way toward addressing the housing shortage of its day. The VA home loan program, created under the GI Bill in 1944, also played a significant role in helping many returning servicemembers purchase homes on favorable terms and, in many cases, with little or no down payment. That same VA loan program remains an important force in the housing market today, especially in military communities like ours. 

But the Levittown story also had a dark side that must be acknowledged. Black families were excluded through discriminatory housing practices that denied them the same opportunity to buy homes, build equity, and take part in the postwar suburban boom. That part of history should not be ignored, because it reminds us that housing growth must also be fair, open, and available to all qualified buyers. 

What we are seeing in Hardin County today is not Levittown, but it follows the same basic production principle: build many homes quickly and at scale to meet growing demand. By limiting customization and repeating a smaller number of proven designs, national builders can move faster, control costs, and bring large numbers of homes to market. 

This approach works for many buyers. Many people prefer a brand-new home, especially when it offers modern layouts, new systems, warranties, and predictable pricing. National builders also bring financing power that many local builders cannot match on the same scale. They often offer attractive interest-rate programs, closing-cost assistance, upgrades, and other incentives that buyers find hard to ignore. In a market where affordability matters, those incentives can pull buyers toward new construction instead of existing homes. 

Lastly, where does the confidence to build this aggressively in Hardin County come from? Except for Fischer Homes, the major builders involved here are connected to publicly traded companies. D.R. Horton is publicly traded, and Century Complete is part of Century Communities, which is also publicly traded. At this level, decisions to enter or expand in a market are not made casually. These companies study population trends, employment, household income, land availability, interest rates, military movement, transportation, schools, and future growth before committing this kind of capital. 

That should tell us something. These builders clearly see economic strength and future demand in Hardin County. 

The bigger issue is not simply whether new homes are being built. The real issue is how this wave of construction will reshape our local housing market, our older neighborhoods, our infrastructure, and our expectations about homeownership in the years ahead. Hardin County is not just adding houses; it may be witnessing the arrival of a new housing model that will define our market for years to come. 

Tags: , , , ,

How the Radcliff Small Business Alliance Fell Victim to Mission Creep

6 Jul

It took 13 years for the Radcliff Small Business Alliance to lose its original direction. 

When the RSBA was formed, its purpose was simple, practical, and desperately needed: to promote small businesses in Radcliff and Vine Grove. Local shops, restaurants, service companies, and independent retailers were struggling to compete against national chains, big-box stores, and larger commercial interests. The Alliance was created to give small businesses a stronger voice, greater visibility, and a better chance of survival. 

In the beginning, the mission was clear. The RSBA supported ribbon cuttings, promoted new businesses, held monthly public meetings, brought in relevant speakers, and gave local business owners a place to network. At that time, nothing quite like it existed in the area. 

The original concept was local, practical, and business-focused. It was about helping the small-business owner who had invested money, time, work, and hope in the community. It was a reminder to shop local, use local services, and recognize that small businesses are the backbone of a healthy town. 

Over time, however, the Alliance began to drift. What started as a focused small-business organization gradually became involved in activities, causes, events, and side projects that were not directly tied to its original mission. That slow drift is called mission creep. It happens meeting by meeting, project by project, and leader by leader, until the organization no longer resembles what it was created to be. 

That is what happened to the Radcliff Small Business Alliance. 

One clear sign of this drift was the changing character of its leadership and active membership. In the beginning, the Alliance was driven by actual small-business owners and people directly connected to local commerce. They understood the daily reality of making payroll, paying rent, attracting customers, managing expenses, and keeping the doors open. 

But over time, too many people became involved who did not own a storefront or operate a bona fide business in the traditional sense. They were not responsible for payroll. They did not face the financial risk of signing a lease, buying inventory, hiring employees, or wondering whether enough customers would come through the door. Some were well-meaning community participants, but others appeared to see the RSBA as something different altogether. Instead of treating it as a business alliance, it as a public platform. 

For some reason, the RSBA became a vehicle for visibility, political positioning, and personal ambition. That was never supposed to be its purpose. A small business alliance should not become a stepping-stone for people seeking public office, influence, titles, or community status. It should serve the practical needs of small business owners. 

That shift changed the organization’s tone. The emphasis moved away from business development, customer traffic, networking, business education, and local economic strength. More attention began to fall on public appearances, general community causes, charitable efforts, and activities that may have been worthwhile, but were not the core mission of the RSBA. 

The sharpest turn came when the organization began acting less like a small-business alliance and more like a community charity. Instead of concentrating on helping local businesses survive and grow, the RSBA began asking local banks and others for money, then distributing those funds to local charities. Helping charities is admirable. But charity was not the reason the RSBA was formed. 

The problem is not charity. The problem is confusion. A charity should be a charity. A civic club should be a civic club. A political organization should be a political organization. A small business alliance should be a small business alliance. Once those lines are blurred, the organization loses its identity, its focus, and eventually its value. 

Radcliff, Vine Grove, and West Point still need a strong small business organization. That need has not disappeared. Small businesses still face national chains, online competition, rising costs, labor shortages, high rents, changing customer habits, and limited marketing budgets. New business owners still need visibility, encouragement, mentoring, promotion, and a reliable place to connect with other businesspeople. 

The time has come for a serious decision. Either the current RSBA must be reorganized to return to its original mission, or a new organization should be launched that is more closely aligned with the RSBA’s purpose.  

A reorganized RSBA must be clearly business-centered. Its leadership should come primarily from active business owners or people directly engaged in commerce. Its meetings should focus on business education, marketing, networking, business retention, new business promotion, and economic development. Its events should drive customers, increase visibility, and strengthen the local business climate. 

If the current organization cannot or will not return to that mission, then a new entity may be necessary. That new entity should avoid political capture, avoid becoming a charity pass-through, and prevent people with no bona fide business connection from taking control of its direction. 

The original purpose was sound. The need was real. The mission was worth it. What failed was not the idea. What failed was the discipline to stay focused on that idea. 

Radcliff, Vine Grove, and West Point still need a serious, practical, business-first organization. The question now is whether the RSBA can be restored to that purpose, or whether the time has come to build something new. 

TW Shortt 

C0-Founder, RSBA 

Tags: , , , ,

Southern Hospitality Has Limits: How to Boot Out a House Guest Who Thinks They Own the Place!

5 Jul

Having a house guest overstay their welcome is as upsetting as running out of bourbon on Derby Day. While Kentuckians are famous for their Southern hospitality, even the warmest host has limits. When your visitor transforms into a “permanent couch goblin,” it’s time to reclaim your home with tact and firmness.

Assessing the Situation: Guest or Squatter?

Under Kentucky law, an invited house guest doesn’t have the rights of a tenant. However, if your guest stays long enough to start receiving mail, paying utilities, or referring to your home as “our place,” they might attempt to claim tenant rights. Consider the cautionary tale from Toma v. Davis and Sencuk (2024). In that case, Louisville homeowner Daniel Toma extended temporary help to his friends, Amy Davis and Tyler Sencuk, by letting them stay in his garage while they dealt with car troubles. Instead of leaving, they changed the locks, settled in, and even filed a protective order against Toma. Their actions turned a friendly favor into a legal quagmire, proving it’s far easier to prevent guests from settling in than to evict them later.

Steps to Reclaim Your Home

  1. Communicate Clearly
    Begin with a straightforward, in-person discussion. Explain that their stay was always meant to be temporary and set a clear deadline for departure. Offering assistance with finding other accommodations might ease the transition. A firm yet courteous conversation can often resolve the situation before it escalates.
  2. Provide Written Notice
    If the verbal warning isn’t heeded, follow up with a written notice specifying the date by which they must leave. Although Kentucky law doesn’t mandate a specific notice period for house guests, a 3- to 7-day deadline is generally considered reasonable. This documentation is crucial should the matter require legal intervention later.
  3. Involve Law Enforcement if Necessary
    Should the guest ignore your written notice and continue occupying your home, it may be time to involve law enforcement. Under KRS 511.060, if someone refuses to leave after being asked, they can be charged with criminal trespassing. A visit from the police can serve as the final push needed to secure your home.
  4. Avoid Self-Help Evictions
    It might be tempting to change the locks or remove your guest’s belongings, but self-help evictions are illegal and can lead to significant legal troubles for you. It’s best to let the legal system handle the eviction process to ensure everything is above board.

When Your Guest Claims Tenant Rights

If a guest has been residing with you for more than 30 days, receives mail at your address, or contributes financially, they might claim tenant rights. In such situations, you may be required to initiate a formal eviction through the district court. The typical process includes:

  • Serving a Written Notice: Provide a 30-day notice to vacate.
  • Filing an Eviction Complaint: If the guest doesn’t leave, file a Forcible Detainer Complaint in court.
  • Attending a Court Hearing: A judge will determine if the guest must vacate.
  • Obtaining a Writ of Possession: With a court ruling, law enforcement can remove the guest from your property.

Final Thoughts

If a guest refuses to leave, swift and decisive action is essential. Start with polite yet firm communication, escalate to a written notice, and, if necessary, involve the police or initiate formal eviction proceedings. The saga of Daniel Toma’s experience teaches an invaluable lesson: never underestimate the potential for a temporary favor to spiral into a legal nightmare. Above all, always consult an attorney rather than relying on informal advice. Southern charm can only go so far—knowing your rights is the key to protecting your home.

By TW Shortt

Kentucky Real Estate Broker

Tags: , , , ,

When Your Grown Child Won’t Leave

5 Jul

Kentucky’s Guide to Empty-Nest Syndrome — With a Smile

By TW Shortt, Kentucky Real Estate Broker

Parenting never really ends, but sometimes it lasts a little longer than expected. Many Kentucky parents dream of the day when the house becomes quiet, the refrigerator stays full for more than two days, and the living room couch is no longer treated like permanent housing.

But what happens when your grown child simply will not leave?

Across Kentucky, parents sometimes face the awkward and emotional problem of having an adult child living at home long after everyone assumed they would be on their own. It may begin as a temporary arrangement. Maybe the child lost a job, went through a divorce, came home from college, or needed time to get back on their feet. But temporary can slowly become indefinite.

When that happens, parents need a plan that is practical, respectful, and legally safe.

Start at the Dinner Table, Not the Courthouse

Before jumping into legal action, the first step should usually be a serious family conversation. A calm discussion around the dinner table may accomplish more than months of frustration.

The conversation should be kind, but clear. Parents should explain what needs to change, what the expectations are, and when the adult child is expected to move out. It is often helpful to put the agreement in writing, even if it is informal. A written move-out plan can include a deadline, financial expectations, household rules, and steps the adult child will take to find other housing.

In some cases, a neutral third party can help. A mediator, pastor, counselor, family friend, or other trusted person may be able to keep the conversation from turning into an argument. The goal is not to embarrass anyone. The goal is to restore order and help the adult child move forward.

When Talking Is Not Enough

Unfortunately, talking does not always solve the problem. If the adult child refuses to leave, the situation may move from a family disagreement into a legal issue.

In Kentucky, a parent should not treat the matter casually. Once a parent allows an adult child to live in the home, especially for an extended period, the parent may not be able to simply throw the child out, change the locks, or remove their belongings.

Even without a written lease, the adult child may have rights that must be handled through proper legal procedures. That means parents should slow down, seek advice, and avoid making emotional decisions that could cause more trouble.

Kentucky’s Practical Roadmap

If the parent owns the property and the adult child will not leave voluntarily, the parent may need to follow a formal process. In many cases, that begins with a written notice.

A written notice should clearly state that the adult child must move out by a specific date. Deliver it in a way you can document. Certified mail or personal delivery with proof is better than a casual text message or a note stuck to the refrigerator.

If the deadline passes and the adult child still refuses to leave, the next step may be filing an eviction-type action in the proper Kentucky court. The court will decide whether the person must leave. If the court rules in favor of the property owner, the removal process should be handled lawfully.

This is where legal advice matters. Family relationships can make these cases sensitive, but the court still looks at whether proper procedure was followed.

What Parents Should Not Do

No matter how frustrated a parent becomes, avoid several things.

Do not change the locks while the adult child is gone.

Do not shut off the utilities.

Do not remove the child’s belongings and place them outside.

Do not try to force the person out by cutting off basic services.

Do not rely on threats, pressure, or embarrassment.

Those actions can backfire. They may expose the parent to legal claims and worsen the situation. The safer path is to use written notice, proper documentation, and, when necessary, the court system.

Protect the Family Relationship Where Possible

Not every situation has to end in court. Sometimes an adult child needs structure more than punishment. Parents may want to offer a reasonable transition plan. That could include helping the child find an apartment, setting a firm move-out date, requiring a contribution toward household expenses, or helping connect the child with employment or financial counseling.

But compassion does not mean surrendering control of your home. A parent can love an adult child and still say, “It is time for you to move forward.”

Boundaries are not cruel. In many cases, boundaries are exactly what the adult child needs.

A Real Estate Perspective

As a Kentucky real estate broker, I have seen many housing situations where the legal title tells only part of the story. A house is more than a structure. It is a place of safety, privacy, stability, and personal dignity.

Parents who worked hard to own or maintain their home should not feel guilty about wanting their home back. At the same time, adult children should be treated fairly and with dignity. The best outcome is one where the child leaves peacefully, the home is restored, and the family relationship survives.

Final Thought

Reclaiming your couch may require patience, courage, and a little humor. If your empty nest has turned into an extended-stay arrangement, take a deep breath. Start with a conversation. Put expectations in writing. Seek help if needed. And if the situation cannot be resolved privately, use the proper legal process.

One day soon, your couch may once again be just a couch.

Resources

Mediation Center of Kentucky: mediationky.org
Kentucky Court of Justice: kycourts.gov
Kentucky Revised Statutes, Chapter 383: Landlord and Tenant Law

Disclaimer

This article is for general educational purposes only and is not legal advice. Anyone facing a specific family housing or eviction issue should consult a licensed Kentucky attorney.

Before you list, learn your options and potential costs with our Free Kentucky Home Seller Guide.

Thinking about selling your Kentucky home?

Get the free guide here

Tags: , , , ,

Deported? You Don’t Lose Your U.S. Property

5 Jul

By T.W. Shortt | TW Shortt Reports

T.W. Shortt is a Hardin County real estate broker, past president of the Heart of Kentucky Association of REALTORS®, and writer of the Focus on Finance column on housing and local economic issues.

Facing deportation is one of the most difficult and uncertain experiences a person can go through. It can disrupt a family, a job, a business, and a way of life. But one thing many property owners may not understand is this: being deported from the United States does not automatically mean losing real estate you own there. 

Real estate ownership is a property right. If you own a home, rental house, commercial property, or land in the United States, that property does not simply disappear because you are no longer physically present in the country. You may still own it, manage it, rent it, sell it, or use it as part of your long-term financial plan. The key is preparation. 

The first step is to hire a reliable local property manager. If you are no longer able to personally visit the property, meet with tenants, handle repairs, or collect rent, you need someone on the ground to act professionally on your behalf. A good property manager can collect rent, coordinate maintenance, respond to tenant issues, inspect the property, and help keep the property producing income. This is especially important if the property is a rental home or investment property. The wrong manager can create problems, but the right manager can help preserve your investment and give you a measure of stability from a distance. 

The second step is to consider granting a Power of Attorney to someone you trust. A Power of Attorney allows another person to act on your behalf in certain legal or financial matters. That person may be able to sign documents, communicate with lenders, deal with insurance matters, handle payments, or address property-related disputes. This should not be done casually. A Power of Attorney is a serious legal document, and it should be prepared or reviewed by a qualified attorney. The goal is to ensure the document is legally valid and sufficiently broad or limited to serve your needs without exposing you to unnecessary risk. 

The third step is to stay current on all payments. A property can quickly be placed in danger if mortgage payments, property taxes, insurance premiums, homeowner association dues, or utility bills are ignored. Deportation may remove you physically from the United States, but it does not stop lenders, tax offices, insurance companies, or local governments from enforcing payment obligations. Automatic payments, a properly funded U.S. bank account, and a trusted person or professional helping monitor bills can make a major difference. Staying current protects against foreclosure, tax problems, insurance lapses, and unnecessary loss. 

There may also be a time when selling the property is the best decision. Not every owner will want to manage property from another country. In some cases, selling may reduce stress, convert the property into cash, and allow the owner to move forward with greater certainty. If selling becomes necessary, the property owner should work with a competent real estate broker or agent who understands the local market and can help secure the best possible return. 

Finally, anyone facing this situation should consult qualified professionals. A real estate attorney, a tax advisor, an immigration attorney, and an experienced real estate broker can each play a key role. Deportation can raise questions about taxes, ownership, title, contracts, banking, rental income, and future sale proceeds. Getting proper advice early can help avoid costly mistakes. 

The main point is simple: deportation is a serious hardship, but it does not mean you automatically lose control of your U.S. property. With planning, good records, reliable local help, and proper legal guidance, real estate can remain protected, productive, and valuable. 

Property ownership has always required responsibility. When an owner is forced to manage from a distance, that responsibility becomes even more important. The right plan can make the difference between losing control and preserving an important investment for the future. 

Disclaimer: This article reflects the author’s views and is provided for general informational purposes only. It should not be relied upon as legal, financial, tax, or real estate advice. Readers should consult an appropriately qualified professional regarding their individual circumstances.

Before you list, learn your options and potential costs with our Free Kentucky Home Seller Guide.

Thinking about selling your Kentucky home?

Get the free guide here

Tags: , , , ,

← Older Entries
Newer Entries →