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widowinhouston · Jul 4, 2009, 06:34 AM

I need to know if a landlord can throw out my belongs with only a 7 day notice.

N0help4u · Jul 4, 2009, 06:53 AM

Are you already evicted?
Give some dates.
I do believe he has to give you 30 days from your eviction date.

widowinhouston · Jul 4, 2009, 10:27 AM

I was given a 7 day notice last on the 25th of June. We had an agreement that I would make payments for the balance that I owed for June because I had been in the hospital due to a termial illness (which he was aware of when I signed my lease in Jan). He threaten to toss everything in the trash this coming Monday.

N0help4u · Jul 4, 2009, 10:28 AM

Did you move out?
He has to give you a written eviction and THEN go to court and get a formal court eviction after the written eviction.
Tell him you know the law and what he is doing is illegal and you will take him to court.

widowinhouston · Jul 4, 2009, 10:31 AM

I am still in the apartment. I am going to leave a letter on his door tonight. Thanks for your help.

N0help4u · Jul 4, 2009, 10:33 AM

Do not leave and tell him to go through the proper procedure or he is opening the door to your suing him.

IF you get all paid up by the time he gets you to court he can not evict you either.

ScottGem · Jul 4, 2009, 10:37 AM

KY law requires a 7 day pay or quit notice that gives you 7 days to bring your rent up to date. After the 7 days have expired, the landlord must then file for an eviction order in court. At that point, a hearing will be scheduled and you can still pay in full prior to the hearing. If you haven't paid then the court will issue an eviction order with an effective date. Only if you still haven't vacated by that date can the landlord have you removed. And even thenm it has to be done by a sheriff, not the landlord themselves.

If he does throw out your belongins before the court issue an order, you will have a case of illegal eviction that you can sue him over.

widowinhouston · Jul 4, 2009, 10:59 AM

Thanks so much for all your help I was worried about what I was going to do with all my things. I have enough to cover the rent now but he would not take it yesterday when I saw him yesterday

ScottGem · Jul 4, 2009, 11:31 AM

If he served you with a pay or quit notice, then he has to accept the payment as long as it brings you up to date. If he still refuses, then show proof that you offered the money and explain that to the judge at the hearing.

widowinhouston · Jul 4, 2009, 12:59 PM

There was several witnesses present when I offered him the money.

Fr_Chuck · Jul 4, 2009, 02:38 PM

Legally the landlord must take you to court after the seven day notice.

With that said, if this is one of the 100's of landlords we get here that ask this and say they were going to throw out, or already threw out.

If you come back and everything you own is out in the street, then you can sue them for a illegal eviction but all of your stuff is gone by then.