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becky859 · Dec 10, 2011, 01:39 PM

My landlord claims they never received rent one month that I mailed to them in a money order. I now cannot find what I did with the receit since its been several months, so I have no way to find out if its been cashed or lost. After arguing and stressing about it I ended up sending them half of that months rent and told them I would pay the other half when I could. I have continued paying rent each month on time since, I have never paid rent late. My question is can they evict me based on the fact that I still owe a half of a months rent and if they can what would they have to do? Also as a side note one of my landlords mother showed up at my door screaming at me and demanding the money and telling me she is going to put me on the curb, her name is no where on my lease or on the title to this house. Any advice would be so great... Thanks.

LisaB4657 · Dec 10, 2011, 01:45 PM

Yes, they can file a lawsuit for eviction if you are a half month behind in rent. They would have to give you a written notice to pay or move out within 7 days. If you haven't paid in full by that time then they would have to file a lawsuit for eviction.

I know it's tough to come up with a half month of rent at once. Maybe if you try sending a little bit additional each month with your regular rent they would be less likely to go forward with eviction proceedings.

As for the mother, ignore her. She can't kick you out.

ScottGem · Dec 10, 2011, 01:52 PM

If this came to court, I think an eviction order would be denied. If you can show that you have a history of paying on time, but this month came up missing, I think the court will grant you time to make it up.

Also, have you gone to the place that issued the MO? They may be able to trade it. For the future, keep you receipts safe.

LisaB4657 · Dec 10, 2011, 01:55 PM

Originally Posted by ScottGem

If this came to court, I think an eviction order would be denied. If you can show that you have a history of paying on time, but this month came up missing, I think the court will grant you time to make it up.

Also, have you gone to the place that issued the MO? They may be able to trade it. For the future, keep you receipts safe.

Scott, the only time I have ever seen a court not issue a judgment for eviction was when the unpaid amount was legal fees and late charges. I have never seen them not issue a judgment when there was a balance due that was rent, no matter how small the amount was. And this is in a very tenant-friendly state.

They will probably require that the landlord and tenant sit down with a mediator and try to work out a payment schedule but the landlord has no obligation to accept it.

To the OP: Try to work out something with the landlord, even if it's just making small payments once a week.

becky859 · Dec 10, 2011, 01:55 PM

I just looked in the tenant/landlord right handbook for Kentucky. It states that if a violation happens one month and the landlord doesn't follow through with eviction and continues to collect rent then they loose there right to evict for that offense. Is this right?

I have made up half of the lost rent and offered to pay as little extra till its caught up but they are demanding it all at once, that's why I am trying to find out what the laws are on it. They actually haven't threatened to kick me out but when I told them what there mother said they didn't say anything.

LisaB4657 · Dec 10, 2011, 01:58 PM

Becky, without even looking up that law I will tell you not to count on it. Very often leases contain a clause that says that when you make a payment it will be applied to the earliest amount that was due. That means that if you pay December rent and you had a balance in November, the December payment will be applied to the November balance. That will leave a balance due for December. This method carries the balance forward, making it "new" each month and getting around the law you just described.

becky859 · Dec 10, 2011, 02:02 PM

Thank you both for your quick response.

ScottGem · Dec 10, 2011, 02:05 PM

Lisa is right about that. As far as the landlord is concerned, you are a month behind on your rent.

Fr_Chuck · Dec 10, 2011, 02:06 PM

The issue is that normally what happens is that on the books, you are always a 1/2 month behind, when you pay this month, 1/2 of it is applied to last month, so you are still 1/2 a month behind this month.

You need to add extra to each payment to get it caught up.