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Bikerchic72 · Jul 21, 2012, 01:41 PM

We have a tenant living in our basement. Rent is $500 a month all utilities. She sent us a certified letter telling us she would be out within 30 days but she is already $840 behind. She is refusing to pay the rent and in our lease with her it says cable will be shut off if rent not paid by 10th. She is trying to hold what she owes over our heads but this is our house... not an apartment. She said she would pay in full right when she moves out. Is this legal on her part considering she is already two months behind? Can we have her thrown out within 7 days? She is acting as if this is her place and she has all the say. She has never paid the rent on time. Her son has rented pay-per-views with out consent. She has done more than this but is she allowed to stay for another month with out paying?
Mark and Michelle

Fr_Chuck · Jul 21, 2012, 01:58 PM

First is this a legal apartment or are you renting out a basement illegally ? Is it zoned for renting. You may find it hard in some states to collect money from an apartment that is not legal.

With that said, you have to give them a "pay or quit" notice if they do not pay in that time frame, you file eviction in court.

JudyKayTee · Jul 21, 2012, 01:58 PM

Originally Posted by Bikerchic72

We have a tenant living in our basement. Rent is $500 a month all utilities. She sent us a certified letter telling us she would be out within 30 days but she is already $840 behind. She is refusing to pay the rent and in our lease with her it says cable will be shut off if rent not paid by 10th. She is trying to hold what she owes over our heads but this is our house...not an apartment. She said she would pay in full right when she moves out. Is this legal on her part considering she is already two months behind? Can we have her thrown out within 7 days? She is acting as if this is her place and she has all the say. She has never paid the rent on time. Her son has rented pay-per-views with out consent. She has done more than this but is she allowed to stay for another month with out paying?
Mark and Michelle

She needs to be evicted according to Kentucky law - Kentucky Evictions

If this is a legal apartment you have nothing to worry about. If it is illegal she can sue you for the return of all of her rent.

ScottGem · Jul 21, 2012, 03:38 PM

You can give her a 7 day pay or quit notice. If she doesn't pay within the 7 days then you still have to file for an eviction order which means a hearing before the court issues the order. Then the court issues the order for a few days in the future and you have to hire a sheriff to physically remove her.

I suspect she is well aware of this process and expects it would take longer then the 30 days she promised to leave by. Yes you can disconnect the cable since the lease provides for that.

When she leaves, you can withhold all or part of the security deposit to cover unpaid rent as well as things like unauthorized PPVs. If the deposit does not cover unpaid rent, fees and damages, then you sue her for the balance.