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glamfatale · Jul 29, 2008, 02:01 PM

Long story short, we are going through a hardship, we were 14 days late with our rent for July. Landlords took us to court to evict us. We won the case but since the landlords don't want to reissue the lease with us we have to be out by the end of the term, which is the end of this month, which is in TWO days! I have five children and no place to go. We are going to be homeless in TWO days. I have called every organization I can think of around here to get some help. I'm in the state of Kentucky, is there any law about vacating a property and can this really happen? What will happen if I'm not in out in two days? I'm scared to death and there is no where I can go. My stuff will be out on the street, along with me and my kids. If we had lost the case, we would have had ten days to get out, still with no lease for August. Can this still apply to this situation?

LILL · Jul 29, 2008, 02:34 PM

Sounds to me that you really did not win your case... considering that you need to vacate within two days. Unless you can somehow win an appeal, I'm afraid that , yes you will be tossed to the curb in 2 days. To me, it sounds like the judge gave a 1/2-1/2 judgment.

LisaB4657 · Jul 29, 2008, 02:49 PM

When you say that you won your case, did the judge dismiss the lawsuit? If the suit was dismissed, and if you stay past July 31st, then the landlord can't just kick you out and change the locks. They will have to file a new lawsuit for eviction. That will take at least a week to get into the courthouse.

If the judge did not dismiss the lawsuit then the landlord can request that the constable or sheriff perform the eviction anytime after July 31st. They will have to notify you ahead of time of the date that the locks will be changed.

So it all depends on exactly what happened in court.

glamfatale · Jul 29, 2008, 03:26 PM

We won, meaning the late fees we owe the landlord for this month were not enough to equate an eviction since we did pay the rent. We don't have to pay my landlord's court costs and the judge favored for us (the defendants) but she said that normally the late fees would be tacked onto the next month's rent, being that there IS no August rent because my landlord doesn't want us here, then the late fee is due on the 31st and that is when we need to vacate. I didn't know if we could get a stay of execution and have at least a week to get out. My landlord didn't win the case also because she was evicting us before the end of the term. If we hadn't paid her July's rent then we would have lost, but since we did pay, she didn't have much grounds on evicting us other than we breached the contract by being late.

LisaB4657 · Jul 29, 2008, 03:42 PM

It sounds to me like the judge did not grant the landlord a judgment for eviction. So if you're not out by the 31st the landlord would have to file a new lawsuit for eviction. That should give you at least a week or two to find a new place.

Just in case, call the court clerk tomorrow morning, give them the docket number or name of the case, and ask if any judgment for eviction was granted.