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    jerilynm's Avatar
    jerilynm Posts: 1, Reputation: 1
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    #1

    Aug 15, 2007, 10:43 PM
    Eviction Procedure in KY
    My landlord is not pleased because I paid the rent a few days late this month. He accepted the rent and proceeded to give me a notice to vacate. He gave me 14 days to find another place to live. I believe this is an unlawful eviction. What are my options?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Aug 16, 2007, 06:20 AM
    First you need to read your lease. What does it say about late payments. Was this the first time you were late? Does the lease include a late payment fee? Did you pay that fee? Are you under the terms of an existing ir prior lease or are you on a month to month basis?

    It would appear, though that your landlord IS violating the law. Under Section 383.660 of the Uniform Landlord and Tenant Act, (http://www.lrc.state.ky.us/KRS/383-00/660.PDF) he can give you a notice of no less than 14 days if rent is unpaid, however, that section gives you that time to remedy the breach, meaning pay the rent. Since you have ALREADY paifd the rent, then he can't evict terminate for non payment of rent. However, if you are on a month to month lease, he can terminate with one month's notice.

    So your options are to point out the law to him. You can find links to the full
    Act at the top of this forum. If he persists, then tell him to take you to court and you will point out his violation of the law to a judge.

    Note: however, that you will probably be antagonzing him so you will probably want to move as soon as possible.

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