Renter's agreement/ lease...can they do this?

Question

i was 5 days late paying rent (but i did pay, 2 days ago)
land lord said it was fine
today i got an eviction notice telling me i had to be out in 24 hours
Constable served it
im in KY

I looked up the KY Landlord/Tenant act and it says that hey can not legally put me out. that they must file in court and give me at least 14 days to move.

It also says in my lease that if my rent isn't paid on time i must move immediatly, but it says in the Landlord/tenant act that it is unlawful to take away rights in any way persuant to the Act.
Plus, they have my check for rent.

So, what do i do now?
What would you do?

***i AM moving, no way am i going to eep renting from them, but what will happinif i'm not out within 24 hours?
the hand written eviction notice says i have 24 hours***

Answer 1

no way, you need to contact an attorney , ASAP. Be sure you get your security deposit back too.

Answer 2

If you're not out within 24 hours the landlord will most likely file an eviction case against you. The court will impose the 14 day rule by scheduling the hearing at least 14 days after you are served with notice of the suit, probaby by the constable as well.

At that point you can either respond to the eviction notice and try to fight the eviction or toss in the towel and vacate the premesis.

If the law provides for a grace period for paying your rent, and if you paid within that grace period then it might be worth fighting the eviction. Most states don't provide this so it's likely that the eviction will be successful even if you fight it.

If you are out by the court date and have turned over the keys the eviction proceeding will be moot.

If I were a decent tenant and my landlord started eviction proceedings for being 5 days late one time I'd be pretty upset. But I'd probably go ahead and move before the eviction hearing to avoid having a judgement on my credit record. And consider that I was lucky not having to deal with such a prick of a landlord any more.

Answer 3

You paid your August rent ... right?

I don't know Kentucky law, but I really can't imagine any area where you are allowed to accept someones rent AND evict them for non-payment.

Chances are when your landlord accepted your payment, the notice was vacated. Thats how it works here, and it may be the same way in your area.

I gave you a list of numbers to call on your earlier post. Try calling them and see what they say.

When you called your landlord, what did he say?

Answer 4

You need to go to the constables office and show how the landlord accepted payment already. He probally filed a few days ago, but you said you were only 5 days late. He is suppossed to notify them if he accepts any payment from you, it also is saying...we are squared away...sounds like he is trying to get your money and kick you out , but you do have rights. Let the constables office question why he did not notify them of accepting payment. And ask them how late do you have to be, before he can go and file in the first place.

Answer 5

I don't think they can evict you if they accepted your check payment and it covered the full amount due.

I would make a quick call to an attorney to double-check your rights and see what he/she says.

Hope things work out for you!

Answer 6

And after all of this you still want to give them more of your $...