[krissy85]

Our landlord is evicting us. We got the letter 3 days before the rent is due. We don't have the money and the notice said that we have 7 days. We have or daughter, she is under 2 years of age how long do we have to leave?

[JudyKayTee]

Need to know what State you are in. What are the grounds for eviction? I am not aware of any State that allows eviction in seven days without reason, usually non-payment of rent.

And your child's age is immaterial in every State I know.

[excon]

Our landlord is evicting us. We got the letter 3 days before the rent is due.?

Hello krissy:

You probably got a "pay or quit" notice. That means if you don't pay by the end of 3 days he can file an eviction lawsuit in court. Then you'll be able to defend yourself, and if you lose, you'll have a little bit of time to find something else. IF he's efficient, and your courts are efficient, you've probably got 3 weeks.

Of course, if your rent isn't due, the pay or quit notice is premature, and you could use that as a defense. You'll need to tell us MORE, though, about WHY he's giving you this notice and WHY you owe him money, if you do. Having a toddler doesn't effect anybody's rights...

excon

[krissy85]

We live in Kentucky. Our rent is due on the 23rd and we got an eviction notice on the 20th. We live on $1000 a month and my fiancés on unemployment and they were 3 weeks late on his last check. We just paid them $300 and we don't have enough money to pay them again this week. We have our daughter and we can't just move on a dime. I just wanted to know if we had some time to find some where.

[AK lawyer]

... Our rent is due on the 23rd and we got an eviction notice on the 20th...

The eviction notice was because, on the 20th, you weren't current on the rent, right?

When does the notice say you have to be out?

Oh, duplicate thread:

Our landlord is evicting us. We got the letter 3 days before the rent is due. We don't have the money and the notice said that we have 7 days. We have or daughter, she is under 2 years of age how long do we have to leave?

If you don't pay by the 27th, they will take you to court for an eviction order. That might buy you some more time (maybe a week or two).

It looks like the 7 day notice may come from here:

383.695 Periodic tenancy -- Holdover remedies.
(1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven (7) days before the termination date specified in the notice.
(2) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days before the periodic rental date specified in the notice.
...

http://www.lrc.ky.gov/KRS/383-00/CHAPTER.HTM
If you have a month-to-month tenancy (you're not clear on that point), the LL may have made a mistake and given you a week notice instead of a 30-day notice.

[JudyKayTee]

- And the State.

EDIT: Please don't keep opening new threads. I have asked that your posts be combined.

[RickJ]

Krissy, I merged your two threads into this one.

[krissy85]

We are up to date until the 23rd we paid last months late because his check was 3 weeks late. We had an agreement to pay 150 every two weeks she is here every week wanting money. We have other bills we have to pay so we don't have enough to pay it this week.

[krissy85]

The notice says that we have 7 days but our rent isn't due till the 23 and it came on the 20th

[AK lawyer]

We are up to date until the 23rd.

Ok, so LL must be terminating what she regards as a week-to-week tenancy. Doesn't matter whether you were then late or not. She can terminate your tenancy on a whim.

The real question is whether it's week-to-week or month-to-month. Was there originally a rental agreement? If not, was there any oral agreement that would suggest a month-to-month?

... We had an agreement to pay 150 every two weeks ...

If that could be proven, that would make it month-to-month and she has to give you a 30-day notice.

[excon]

Hello again, k:

Slow down and read what we've already told you..

IF your rent isn't due, the 7 day notice is premature. He may NOT serve it until your rent is LATE. Therefore, you may IGNORE it. If you pay your rent BY the day it's due, you should have NO trouble. If you CAN'T pay then, THAT is the day he can give you a 7 day pay or quit notice. If he files for an eviction based on the FIRST ILLEGAL notice, bring that up to the judge in your hearing. He SHOULD rule in your favor, requiring the landlord to start all over.

This is only a delaying tactic. You're going to have to get out eventually. Of course, if the facts AREN'T as I assumed, please TELL us.

excon

[AK lawyer]

... He may NOT serve it until your rent is LATE. ...

As you can see, I disagree. I don't believe the LL gave her the 7-day notice based upon late rent, but rather simply because LL elected to terminate the tenancy.

[krissy85]

Yes she said when we rented that it was a month to month agreement and I have more than one witness to her saying that.

[excon]

As you can see, I disagree.

Hello lawyer:

I CAN see that. This, however, in my view, is a MONTHLY tenancy, wherein, due to particular conditions, the tenant and the landlord agreed to accept weekly payments. That doesn't vitiate the original agreement.

I will agree that neither of us has enough information to make those declarations definitively.

excon

[krissy85]

We have a receipt for the last month rent that states and is written by the LL that says rent paid from July 23rd to Aug. 23rd and it is signed by the LL.

[excon]

Hello again, k:

Then read what I said above, because it's accurate. The 7 day notice is ILLEGAL.

excon

[AK lawyer]

...
If you don't pay by the 27th, they will take you to court for an eviction order. That might buy you some more time (maybe a week or two).
...

On that subject, I came across this:

383.210 Issual and form of warrant -- Jury not summoned unless demanded.
(1) Upon complaint by a person aggrieved by a forcible entry or detainer to the District Court of the county in which the land or tenement, or a principal part thereof, lies, a warrant shall issue to the sheriff or any constable, in substance as follows:

"The Commonwealth of Kentucky to the sheriff (or any constable) of .... county: Whereas, A B hath made complaint that C D and E F did, on the .... day of ...., forcibly enter into (or forcibly detain from the said A B) one (1) house and field on the waters of ...., in the county aforesaid (or other general description of the lands or tenements), which were in the peaceable possession of A B (or which the said C D and E F, tenants of the said A B, now hold against him): You are, therefore, commanded to summon a good and lawful jury of your county to meet on the premises, or at a place convenient thereto, on the .... day of ...., to inquire into the forcible entry (or forcible detainer) aforesaid; and give to the said C D and E F at least three (3) days' notice of the time and place of the meeting of the jury; and have then there this writ. Witness, etc."

http://www.lrc.ky.gov/KRS/383-00/210.PDF

Wonder what that's all about. Does seem to suggest your right to a jury trial if you ask for one.

[excon]

Wonder what that's all about.

Hello again, lawyer,

I have NO idea what it said. You're the lawyer around here. All I know is it sounds GOOD for the OP.

excon

[AK lawyer]

... I CAN see that [I disagree with you].
...

But you seem to misunderstand what we disagree about. From what krissy85 is now telling us, it's probably a month-to-month. But my point is that it's a tenancy at will. LL doesn't have to allege late rent (although previous lateness may be the underlying reason) to justify the notice to quit.

[krissy85]

Thanks for the advice.we really appreciate it. Thanks