[bestywells]

Can my landlord kick me and my kids out threw the winter, for rent being late when I said I would pay the rent I have had one notice

[ScottGem]

Yes and no. While there may be some areas that have laws against such activity, they are rare. That you have a contract that requires you to pay rent to live in the unit. If you don't pay that rent, you have breached that contract and are no longer entitled to live in the unit.

That being said, he can't just kick you out. He has to follow local law to evict you. Note: Any question on law needs to include your general locale as laws vary by area. Since you didn't give your locale we don't know what laws apply.

Generally, the landlord can give you a pay or quit notice of 3-10 days (depending on local laws). If you can pay before the deadline you get to stay. If not, the landlord's next step is to file for an eviction order with a local court. This will involve a hearing during which you can plead your case. But unless there is some local law or social service intervention an eviction order will probably be issued.

[joypulv]

Sorry to say that saying that you will pay doesn't count, having kids doesn't count, and it being winter doesn't count.
While you are finding a way to pay, look into alternative shelter, and for the longer term, look into public housing or Section 8.