another eviction question?

Question

i was 5 days late paying rent (but i did pay, 3 days ago)
land lord said it was fine
yesterday 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.

Now (thanks to my cousin for calling me with the tip) the constible is coming out and he says he is putting me out right now

what should I do?

***the sheriff's office told me today that the eviction notice is not binding because it is not a court order***

what do i do about the constible?

I am a good renter, grass is trim, yard is nice, this is the first time being late, i take good care of the home and property, i do not party, am gone from 8am-6pm & we are a family of 5!...i honestly believe that the land lord is trying to steal my out-building..its omish built and nice and a t-storm knocked a tree on theirs last week!

Answer 1

First of all, I'd stop payment on the rent check if they're going to kick you out.

Second, I'd have, in hand, the Act in which your rights are stated.

Then, I'd stick my ground and have the constable (I'm not familiar with this - must be an east coast thing?) shove it up their ****. Tell them to call the sheriff to come evict you.

You have rights. And your landlord is impeding on them. You can probably take legal action against your landlord AND you won't have to move out until the legal action takes its course.

Just suggestions - I'm not a lawyer (and you should call one).

Answer 2

Don't you just love people who tell you to pay your rent on time? It's almost as if they've never had financial trouble at all, otherwise they would not be so judgmental.

First call the State Police and tell them you are being illegally evicted.

Have your receipt that shows that you paid the rent and give a COPY to the constable. Tell the constable -- very politely -- that you are contesting the eviction because the landlord accepted your rent payment, AND the law states they have to give you 14 days to move. Also tell the constable that you got the eviction notice AFTER you paid rent, and therefore, there is no just cause to evict you.

Print out the Landlord/Tenant act that shows the landlord cannot legally evict you at this time because the law gives you 14 days. Give it to the constable, and MAKE SURE you have some witnesses there with you, neighbors, whatever, to witness what the constable says and does in case you wind up in court.

Call a laywer. If the law really does come and really does try to force you out, go peacefully so you don't get arrested.

Good luck on this one.

Answer 3

What should I do if I get an eviction notice?
First, if you can, figure out what kind of "eviction notice" it is.

If the paper is from the landlord himself, it is probably a notice he is required to give you before he can file a lawsuit. It might say, "Pay the rent or vacate in 3 days" or the like. If you fail to do either during the stated time, he may then file his eviction lawsuit in court.

If the paper is from the court, it is probably a summons notifying you that the landlord has filed an eviction lawsuit against you. You now have a chance to defend yourself in court - if you act quickly.

If the paper is from the sheriff's or marshal's office, it is probably an order to vacate that the landlord has obtained after suing you. The order will probably state a time by which you must vacate. And you'd better do it. If you don't, some deputies will come by and physically throw you out.

What to do depends on what kind of notice you received.

If the paper is a landlord's notice and you are able to comply with it (e.g., by paying the overdue rent), do it. If the paper is a summons, see a lawyer right away. Don't put it off, because the time limits for responding to a summons are very short - as little as 3 days, and your lawyer might need some of those 3 days to prepare papers for you. If the paper is an order to vacate from the sheriff's or marshal's office, you should probably move your family and your belongings as soon as you can. If you leave anything behind, it might cost you storage fees to get it back. (If you didn't receive a summons before you received the order to vacate, then you should see a lawyer right away, because a lawyer might be able to have the order to vacate set aside on the ground that you never had a chance to defend yourself in court.)

Answer 4

check out revised statues in ky. here is oregon law: the only way a landlord can evict you in 24 hrs are the following: tenet has done substantial damage to the property or tenet or someone in the tenets control has threaten other neighbors in the vacinity. if the landlord accepted your payment then you should have 30 days to move if it was a monthly contract. by accepting your payment then the landlord should accept the responsibility to let you stay. tenets have alot of rights according to law. if you cannot afford an attornet seek legal help that is free to those who qualify such as low income. read up on the statues at kentucky. gov. you should be able to download tenets rights on revised statues from this website. i hope this helps j.w.

Answer 5

it doesn't sound like the constible is aware that you don't need to be out yet. so it's unlawful for him to be in your face about it. he really has no legal power over you. you might be able to call the police and say that there's a person intent on breaking and entering your appartment or whatever.

Answer 6

you should go talk to your land lord and ask him if he had sent that before you had payed him. Try to win him or her over and tell them it wont happen again , just try to be a better tenant and stuff ...i know kissing *** sucks but hey when you have to do it , just hold your nose jeje

good luck

Answer 7

Call your lawyer anytime you are in doubt about legal matters, I can't express how important it is to keep a lawyer on the pay card

Answer 8

If you were a good renter I bet they would never try to evict you. Something tells me there is much more to the story.

Answer 9

Kick him in the Nuts and tell him to follow the law.

Answer 10

call the sheriff's office and have someone come out when the constable arrives.