[cprsslr]

Here's the story. Within the last 2 months I have actually 3 evictions papers from my landlord. I have paid the rent and have broken no rules. He the landlord says he is evicting me because I have not told him where I go and because I blocked him from calling me late at night. Truth is I blocked all calls from his home and cell. He was calling at 9-11 at night and I have 2 mentally and physically challenged children. So my question is can he legally evict me?

[JudyKayTee]

Yes, if there is no lease he can demand that you leave upon adequate notice according to your State law. It would appear you have put him in a position where he is unable to reach you at any time of the day or night.

Why does he keep attempting to evict you and then not following through?

[ScottGem]

First, I doubt if you have had ANY "eviction" papers from your landlord. Only a court can issue an eviction order. So what as probably happened was the landlord gave you a termination of tenancy letter.

If you have paid the rent, then he can't give you a pay or quit notice. But, he may be able to give you a termination notice depending on your lease status. Also depending on where you live (note: ANY question on law needs to include your general locale as laws vary by area) he may not need cause to terminate.

So you need to define EXACTLY what notice you have been given, what it says and how much notice was given. You also need to tell us your lease status and where you live.

[cprsslr]

I live in KY. I have a one year lease.The letter states that it is a notice to vacate my place. He goes on to say I have 7 days till he gets the sherriff to help him set my things on the street. I have talked with him and asked why and he said I lied about where I was at on August 30,2010.he goes on to say he got pissed off when I blocked him from caling me. I blocked him cause he was calling from 9pm to 11pm through the week and as late as 3 am on the weekend. I reported him to the harassing communications division in the phone company. They advised me to let the calls to come though so we can see how many and if we can get a case against harassment. This past weekend he called 355 times from 7:05pm Friday to 9:00 pm Sunday. So my question is this.
1. can he legaly evict me?

[ScottGem]

It is unlikely. There is NO way he can get a sheriff without a court order and he can't get a court order without a hearing. He is required to give you 30 day notice of termination of tenancy. Though he can give 14 days notice if terminating for a breach of the lease and 7 days if for non payment of rent.

You need to read your lease to make sure you haven't violated any provisions of the lease. But I can't see a lease requiring you to keep him posted as to your whereabouts or answering the phone at late hours.

This site outlines your rights.
Kentucky Landlord Tenant Guide

If you have a valid lease, he can't terminate that lease until it expires unless you have breached the lease in some way.

So first he needs to give you proper notice. If you refuse to move he files for an eviction order with the courts. A hearing will be scheduled. At the hearing you can present your case that you are up to date on your rent and have not breached the lease.

[twinkiedooter]

Why does he call you at such ungodly hours since you have 2 children? I have never heard of a landlord calling a parent about their children. Are your children destructive? Are they the type that cannot be left alone for a minute due to their disabilities?