If you are only 5 days late with the rent, can you be evicted immediately?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If you are only 5 days late with the rent, can you be evicted immediately?
I am late on my rent this month as of the 5th. There is a $25 late fee, however. He told us that if it wasn’t paid by toda, that we will be evictied as of today and have to be out. Is there a time period that he has to give us to leave or do we really have to be out on the same day?
Asked on November 10, 2012 under Real Estate Law, Kentucky
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Before a tenant can be evicted, they must first be served with a "notice to quit" the premises. If the tenant remains after the date given to vacate, then the landlord must file for a formal eviction in court (i.e. an "unlawful detainer"). To get to court for the hearing usually takes about 2 weeks. Then after the court issues a "writ of possession" to the landlord, if the tenant still remains they can be physically put out by a sheriff, however that can take another 2 weeks.
Note: If your landlord attempts to remove you without following all required legal procedures, you could actually sue them for unlawful eviction.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.