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mike41017 · Jan 14, 2010, 07:45 PM

Im on the verge of eviction and wanted to know what happens next. I live in Northern KY and was told today if I didn't pay the remainder of the rent, by 5pm Friday, they would file eviction Monday. Can they lock me out before its filed or goes to court?? I mean, if they file it Monday, can they lock me out?? Or would that happen after the court date? Just want to know what to expect. I have a place to move to, but not until the following Saturday. PLEASE help...

LisaB4657 · Jan 14, 2010, 08:19 PM

It is illegal for a landlord to lock you out without a court order. If the landlord has filed a lawsuit for eviction then you will be given a date to appear in court for trial. If you don't appear, or if you appear and then lose the trial, the landlord will be given a judgment for possession of the property. The landlord then has to request that the sheriff or constable perform the eviction. The time for all of these things to take place varies by location but I would expect that you will have at least a week or two at minimum before an eviction is performed.

If the landlord tries to lock you out without a court order then you should call the police.

mike41017 · Jan 14, 2010, 08:28 PM

Thank you Lisa... I can't find my copy of the lease, so I wanted to ask these things. So basically, until I go to court physically, they cannot lock me out?? Like I said before, They said they would file the eviction Monday Jan 18th... and I have someplace to move to on the 23rd of Jan, so I was worried I wouldn't have enough time to vacate. I offered to them to vacate on that date and sign something saying I would, but have yet to hear anything back. I did however get an email today saying if I couldn't pay the rent by 5pm Friday (tomorrow), to turn in the keys Saturday, or he would file the eviction Monday. And, I did the late rent notice back on the 7th... does that change anything? OR might there be something in the lease stating that they could lock me out? Can they get the order to do that without me knowing?? SOrry for all the questions, just want to be prepared. Thanks in advance...

Fr_Chuck · Jan 14, 2010, 08:34 PM

They can not "legally" lock you out before you go to court, or at least until they have a court hearing if you refuse to go.

Now if they decide to break the law, and read here others asking questions and you will find out many landlords do break the law.

So while they are not "suppose" to, coming home to find you are locked out, or worst, they have thrown your stuff on the ground,

But legally they file, you have to be served and a hearing date set.

LisaB4657 · Jan 14, 2010, 08:52 PM

Originally Posted by mike41017

Thank you Lisa....I can't find my copy of the lease, so I wanted to ask these things. So basically, until I go to court physically, they cannot lock me out??? Like I said before, They said they would file the eviction Monday Jan 18th...and I have someplace to move to on the 23rd of Jan, so I was worried I wouldnt have enough time to vacate. I offered to them to vacate on that date and sign something saying I would, but have yet to hear anything back. I did however get an email today saying if I couldnt pay the rent by 5pm Friday (tomorrow), to turn in the keys Saturday, or he would file the eviction Monday. And, I did the the late rent notice back on the 7th....does that change anything?? OR might there be something in the lease stating that they could lock me out?? Can they get the order to do that without me knowing??? SOrry for all the questions, just wanna be prepared. Thanks in advance....

As Chuck said, they can't "legally" lock you out without a court order. They can't legally add something to the lease that changes this, either. As for getting a court order without you knowing, it's always possible that they could try to serve you with the notice and not succeed. But if he hasn't even filed yet for the eviction lawsuit then it's unlikely he would win a trial and eviction order by Jan. 23rd. As I said, if he tries to lock you out before you get notice of a trial date then you should call the police.

mike41017 · Jan 14, 2010, 09:10 PM

Thank you SO much for the help... It has eased my mind somewhat. They are not being mean about it, just stating their intentions, so I don't "think" they would try anything "dirty" like that, but Ive heard eviction stories... and when he said for me to return the keys this Saturday if I don't pay by 5pm tomorrow, I got concerned. He had also said if I continue to live here, I run the risk of having my stuff set out, although Im sure he means after the court date. Ive heard around here it only takes a week or so to get a court date, so I will see. I hope I can get moved out before then. Hopefully if he is filing it Monday, I can get moved out by then...