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    turn3598's Avatar
    turn3598 Posts: 2, Reputation: 1
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    #1

    Aug 4, 2006, 10:44 AM
    Eviction procedure in Kentucky
    I work in a family resource center and have a parent that has not paid their rent for the month of August. Ky law allows for a "seven day notice" to be given when rent is unpaid. The parent has received this notice by which she has been informed of the landlord's intention to terminate the lease agreement in seven days. What happens next? Must they vacate the premises at the end of the seven day period or does the landlord now have to secure an eviction order?
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
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    #2

    Aug 4, 2006, 10:54 AM
    I'm not sure what a family resource center is - or if it falls under landlord-tenant law, but if it does, then yes, your next step is to have an attorney file an eviction if they are not out by day 8.

    Now, one note of technicality. A landlord's "notice of termination" is not the same thing as a notice to "pay rent or quit" (more commonly known as "the __ day notice")

    The former is typically used when the landlord is simply not going to renew the lease. The latter is used when they're not paying rent and you want to evict.

    It is probable that as a business/organization, you will have to have an attorney file the eviction, so give him/her a call to first confirm that you issued the proper notice. He'll take it from there.
    turn3598's Avatar
    turn3598 Posts: 2, Reputation: 1
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    #3

    Aug 4, 2006, 11:01 AM
    A family resource center is a school based family support office. I am gathering information on behalf of the parent, who has children in my school. The parent (tenant of the landlord) is under the impression that she must vacate within 7 days. I (not an attorney and having not rented in many years have little experience dealing with landlords). I am gathering information for the parent. Thanks.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Aug 4, 2006, 03:01 PM
    Hello turn:

    I hope you're not teaching English. It took me about 4 times through to figure out what your question is. The truth is, I still don't know what you want to know?

    A pupils parent is subject to eviction. So what? What do you want to know? If she doesn't pay her rent, she'll be thrown out.

    Do you wan't to know how long she has before they physically move her out? Do you want to know if she needs an attorney? Do you want to know how long she can go before they won't accept her rent? Do you want to know if she has grounds NOT to pay? Do you want to know how to tell her to proceed? Do you want to know if she can negotiate? Do you want to know if she has to move out by the 8th day?

    I think THAT, at least, is one of your questions. Yes, she has to move if she doesn't pay! Are they going to throw her out on that day? No. WHEN are they going to throw her out? There is no absolute answer in these kinds of things. Lots depends on lots of different things. But if the landlord is quick and the courts are efficient, she could be out in about 3 weeks.

    excon
    brooks's Avatar
    brooks Posts: 57, Reputation: 2
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    #5

    Aug 6, 2006, 12:35 PM
    If the tenants rent is in arrears, then the landlord can issue a 7 day notice that the lease will be terminated. If your client parent (tenant) does not comply with the demand, the landlord at his discretion may terminate the lease. The tenant can stop the eviction process by tendering her rent payment. I would encourage her not to wait for the sheriff to put their stuff out into the street and either pay her rent or start looking for another place to live. An eviction in her background will make it difficult to find another apartment. Many landlords check credit history and may decline her rental application based on what they find. One option you may have is to secure her rent payment through charitable organizations. It may buy her some time to either move or get back on her feet
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
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    #6

    Aug 8, 2006, 02:50 AM
    Turn, this may or may not even be under landlord-tenant law since it is children.

    I strongly suggest you contact the company's attorney regarding this unique situation.

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