Urgent Eviction Issues - you're help is kindly requested

[designer3363]

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

Here's my situation:

My rent is $825 per month due on the 1st with a $5 / day late fee. We have paid $300 on the Oct rent so far. Obviously, it is already Nov., so we're even more behind.

I told the landlord that I could pay $825 on Nov. 7, but he is threatening to take legal action since we are behind.

I'm going to pay another $500 on Nov. 21 (my payday). We will still be behind. I'm hoping to catch up in Dec. at the latest.

Questions:
1. What legal action can the landlord take?
2. If he tries to evict us, what must he do according to KY law?
3. How much time will we have once we receive a notice before it will be going to court, or too late to stop it.
4. Will the fact that we are making payments to the landlord (even though we are behind), matter to a judge?
5. If everything proceeds, how long will it take (from this point) before we'd have to be out of the rental?

Thanks so much for your help,
L.

 

[MIRAKALES]

LL has the option to initiate eviction for lease violations, including non-payments. A three (3) day notice to terminate can be given to tenant at any time the rent remains unpaid. The time schedule for a court hearing will be dependent on the court’s schedule. The fact that tenant has made payments is a consideration, but the court and the law will not protect tenant from confirmed lease violations -- the rent will need to be paid in full to avoid eviction. Tenant will need to vacate the rental premises when LL obtains an forcible/unlawful detainer order (eviction) from the court. The amount of time before move-out will depend on the laws of the state and county court, and the time schedule of the local marshal, sheriff or consulate.

It is best for LL and tenant to manage the matter without court intervention. Once legal action is taken tenant will have an eviction action (resolved or not) on the public record which will make new rental difficult. Tenant should advise the LL in writing whether the intent is to vacate due to inability to pay or if tenant intends to remain and cure lease violation. If the intent is to remain in the rental premises, tenant should borrow the funds to pay the deficient rent and avoid legal action. Otherwise, tenant should plan to move before legal action is required.

Note: Based upon the double posts, this seems to be an attempt by tenant to continuously pay partial rent to avoid eviction.
Interesting but ineffective concept to circumvent the lease agreement.

Double Post - Lease Termination Question
https://forum.freeadvice.com/landlord-tenant-issues-42/lease-termination-question-437968.html