[bavil009]

I live in Kentucky and my roommate is trying to kick me out. I am not on the lease but I have paid rent since moving in. I have been verbally ordered by her to leave within a week and I feel she is illegally trying to evict me. Please give your sources.

[JudyKayTee]

You are her tenant. If she files, here are your defenses: http://kyjustice.org/system/files/de...t_eviction.pdf

She cannot evict you in one week.

[bavil009]

So she has to give me a 30-day notice at the very least? Am I understanding this right? I'm not in an URLTA county.

[JudyKayTee]

I don't know where you are. I only know (from your last post) where you are not.

"For Counties listed above that use the Uniform Residential Landlord and Tenant Act (Barbourville, Bellevue, Bromley, Covington, Dayton, Florence, Lexington-Fayette County, Georgetown, Louisville-Jefferson County, Ludlow, Melbourne, Newport, Oldham, Pulaski, Shelbyville, Silver Grove, Southgate, Taylor Mill, and Woodlawn Counties):

If the landlord needs to evict the tenant for non-payment of rent (most common reason), the landlord needs to serve the tenant with a 7 Day Eviction Notice. This will give the tenant 7 days to pay the rent, and threatens them with an eviction lawsuit if they do not. If the landlord needs to evict the tenant because the tenant has breached the lease in some manner (drug activity, unauthorized pet, disturbances, etc.) the landlord must give the tenant a 14 Day Eviction Notice. This will give the tenant 14 days to fix the problem, and threatens them with an eviction lawsuit if they do not. If the landlord simply wants to end a month-to-month tenancy, or does not want a lease to automatically renew (non-renewal) the landlord should send a 30 Day Eviction Notice to the tenant, telling them when they must vacate.

For all other Counties not listed above that do NOT follow the Uniform Residential Landlord and Tenant Act:
The landlord should look at the lease to see what the notice period is to evict. If there is no lease, or if the lease does not say what the notice period is, then the landlord must serve the tenant with a 30 Day Eviction Notice. This notice must be served by either hand delivering it to the tenant, leaving it with an adult who lives at the property, or leaving it in a conspicuous place on the property (a place where the tenant will find it).

Forcible Detainer Suit

What if the landlord has given the notice to the tenant, waited out the notice period (7 Days for Non-Payment Cases), but the tenant is still there? The landlord must now seek relief in court. The landlord should go to the Small Claims court for the jurisdiction where the property sits. The court clerk will tell the landlord if they are in the right court. The landlord should tell the clerk that they want to file an eviction case, and the clerk will give the landlord the proper forms to fill out. There will be a filing fee. The court clerk will set a Court Date for the eviction case, and will have the local Sheriff deliver what is called a "Writ of Forcible Detainer to the tenant. This Writ will tell the tenant that they are being sued for eviction, and when and where the court date will be.

Going to Court

The landlord must be present at the court date in order to win the eviction case. If the tenant does not show up, then the landlord will win automatically. It is very important that the landlord bring all possible evidence to court in order to prove their case to the judge. Examples of things to bring are leases, rent receipts, a copy of the eviction notice, witnesses, photographs, etc. If the landlord and tenant both show up, then they will each have a change to speak to the judge and present evidence. The judge will then rule on the case. If the judge rules for the landlord, the judge will give the tenant a certain number of days to either vacate the property or appeal (usually 7 days).

7 Days to Appeal

If the tenant appeals the original order, then the landlord must continue to show up at the new hearings in order to prove their case. If the tenant does not appeal, and still has not vacated after the 7 days, the landlord must move on to the next step, Warrant of Possession.

Warrant of Possession

If the tenant has not vacated or appealed after the time given by the judge, the landlord must go back to the court clerk and request a "Warrant of Possession. This is also called a "Set-Out" Warrant. It will be issued by the court and will be posted by the Sheriff on the property. Then the Sheriff and the Landlord will meet at property at a designated time to remove tenant and the tenant's property. The landlord should follow all the Sheriff's instructions closely.

Go Back to Court to Recover Back Rent or Money Damages

If the judge in the original court case only awarded possession, then the landlord may need to go back to court after the eviction process to sue for back rent owed or money damages.

Next Step: We recommend you purchase the corresponding Kentucky Eviction Notice to be delivered to your Tenant.

General Eviction Process Tips

When you are beginning the Eviction Process, it is important to remember that this is a legal procedure. Act professional and keep good records at all times. For example, be sure to keep multiple copies of all letters and documents you deliver to your tenant. If your tenant does not leave after receiving your eviction notice, you may need to prove to a judge later that you in fact properly delivered that eviction notice.

If you end up having to file an eviction case, always make sure you file your eviction case in the right court. Every state is broken up into different jurisdictions, and you must file in the correct jurisdiction. You can usually figure out where to file by doing some research on your state's website. When you go to file your eviction case, the clerk's office will tell you if you are in the right place, and if you are not, they are usually very helpful. Always treat court clerks kindly and with respect, and they will go the extra mile for you.

If you end up having to go to court, there are a few simple rules to follow. Show up early for your court date and politely ask the court clerk where to go. Always dress professionally or they might not let you in the courtroom. DO NOT allow your cell phone to ring in the Courtroom! Many judges impose $500.00 fines or confiscate your phone for over a week! Most of the time you will sit in the Courtroom and the judge will come out and give everyone instructions. He will then begin calling cases. Address the Judge as "Your Honor" or "Judge." Make sure to bring a copy of your Eviction Notice, your Lease, and any evidence you need, such as witnesses, lease violations, pictures, etc. Always be honest, even if it is to your disadvantage. A perjury conviction is worse than losing an Eviction case." Kentucky Eviction

[ScottGem]

The two keys here are notice to vacate must be in writing and you must be given 30 days. But without a lease, she can terminate your tenancy at any time provided she follows the law.