taking possession of my property

[richelledunaway]

What is the name of your state (only U.S. law)? KY

The tenants and I signed a lease with option agreement in 2008. According to the written agreement, when a payment is 30 days late the the agreement terminates.

The tenants were 30 days late as of 09/14/09. I sent correspondence calling attention to the applicable portions of the lease and noted that the agreement was terminated as of 09/14/09. I gave them 10 days to vacate the premises (this was based on a Ky statute that says if a payment in 10 days late, a periodic tenancy may be terminated at any time and without notice KRS 383.695).

They owe me a substantial sum of money. What do i do if they don't vacate?
And how do I get the money I am owed?

 

[sandyclaus]

What is the name of your state (only U.S. law)? KY

The tenants and I signed a lease with option agreement in 2008. According to the written agreement, when a payment is 30 days late the the agreement terminates.

The tenants were 30 days late as of 09/14/09. I sent correspondence calling attention to the applicable portions of the lease and noted that the agreement was terminated as of 09/14/09. I gave them 10 days to vacate the premises (this was based on a Ky statute that says if a payment in 10 days late, a periodic tenancy may be terminated at any time and without notice KRS 383.695).

They owe me a substantial sum of money. What do i do if they don't vacate?
And how do I get the money I am owed?

If they don't vacate, you'll have to sue them in court and have them evicted. If you win, you'll get a judgment against the tenants that you have to take steps top collect yourself.

 

[richelledunaway]

What about a forcible detainer? Is that something different from eviction?

How and where do I sue?

I also read about putting a lein on their personal property/items in and on the property. Can I do that? and if so how?


They haven't paid since July 29th. I am still paying the mortgage...barely. I need to do something asap. I don't want to end up losing the house to the bank.

How long can this all last? Is there any point at which I can change the locks?

 

[richelledunaway]

forcible detainer

What about a forcible detainer? Is that something different from eviction?

How and where do I sue?

I also read about putting a lein on their personal property/items in and on the property. Can I do that? and if so how?


They haven't paid since July 29th. I am still paying the mortgage...barely. I need to do something asap. I don't want to end up losing the house to the bank.

How long can this all last? Is there any point at which I can change the locks?
__________________

 

[Gail in Georgia]

Attached are a review of the landlord tenant laws for Kentucky:

Kentucky Landlord Tenant Guide

In your state, the term "forcible detainer" means eviction.

Remember that only a court can actually evict someone. This means you cannot change locks until the court grants the eviction.

This will last as long as you allow your tenant to remain in the unit without paying rent. The eviction process should have started weeks ago. If you feel uncomfortable doing this, there are many, many attorneys who provide eviction services.

Once you get the eviction judgment and get them out of there, you can then think about suing them for owed rent. Such lawsuits are typically handled through Small Claims court since they involve relatively small amounts of money (there is a $1,500 limitation in Kentucky). If you win, you can then consider things like liens, bank garnishment, wage garnishment, etc..

Your first step should be getting these folks out so you can rerent your rental unit.

Gail