Summary
In Kentucky, the landlord must give a 7-day notice to the tenant before filing an eviction lawsuit for nonpayment of rent. If the landlord accepts rent after the eviction notice, it could potentially invalidate the eviction. However, without a written agreement, its difficult to prove the terms of your arrangement. Always insist on written agreements to avoid such disputes. You should consult with a local attorney for personalized advice.Full Conversation
Eviction: The landlord never gave us any notice. The sheriff just showed up with a court order. We went to court the judge sided with the landlord. We got a paper in the mail stating we had seven days to vacate. I spoke with the landlord's wife on the 7th day. She agreed if we paid $* that day and on the 12th of August paid the remaining $*. We could stay because we would be caught up and not owe anything. The landlord showed up that day took the $* than stated we had to be out that night. I begged him not to do that because that was all the money I had. And I have three kids about to start school. He said I could have until the 11th if I paid him the $* on the 12th. Would this not throw out the eviction? Since the eviction was for nonpayment. And pass the date the court order was for.
What state are you located in, ****? The eviction laws vary by state, and this information will help me provide the most accurate advice.
Kentucky
Did you get any written agreement from the landlord's wife about the payment plan? In Kentucky, verbal agreements can be legally binding but are harder to prove.
No unfortunately
In Kentucky, without a written agreement, it's difficult to prove the terms of your arrangement. Always insist on written agreements to avoid such disputes.
What about the fact he took the money and wrote a receipt
Did the receipt specify what the payment was for? In Kentucky, a receipt can serve as a form of written agreement.
Rent was checked
Did the receipt include the agreed upon payment plan and the condition that you could stay if the payments were made on time?
No it was just like all the other receipts
What date was on the receipt when the landlord accepted the $*? This could potentially serve as evidence of an agreement.
The 2nd of August
What was the date on the court order for you to vacate the premises?
The 2nd of August
Did you make the additional payment of $* on the 12th of August as agreed with the landlord?
No the 12th is not until this Saturday
What is your plan for the upcoming payment on the 12th of August?
To pay if we can stay if not use it to move some how
What was the date mentioned in the court order for you to vacate the premises?
August 2nd
Did you vacate the premises on August 2nd as per the court order or did you stay because of the agreement with the landlord?
Stayed because of the agreement
What was the landlord's response when you stayed past the court-ordered eviction date due to the agreement?
He said we could stay
What was the exact wording on the receipt given by the landlord when he accepted the $*?
Rent
What is the exact amount of rent you usually pay and was the $* payment in excess of that amount?
$* is regular amount but we were behind $*.
Did the receipt for $* specify that it was for the overdue rent of $*?
Yes
What was the date on the receipt when the landlord accepted the remaining payment of $*?
I haven't paid that yet
Do you have any plans to pay the remaining $*?
Yes if we can stay
Do you have any written communication (like emails or text messages) with the landlord or his wife about the agreement to stay if you paid the overdue rent?
No
What was the date on the eviction notice you received from the court?
August 2nd move out date
What was the date when the sheriff showed up with the court order?
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