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Old 08-21-2010, 03:20 PM
 
Location: Dallas
7 posts, read 8,430 times
Reputation: 10

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We have a bad dilemma . My mother in law is the lessee. The landlord is evicting her for breaking lease by having pets, some unlawful acts and something else. She posted on door the 10 day to vacate for mom and granddaughter yet not us. Now, what we are wondering is since 10 days was yesterday and she said she was going to get a "forcible detainer", do we have the right to stay here for short time and also does she have to serve us 10 day detainer. Yes, we are seeking another home hard and fast but clearly weren't prepared to deal with this so fast financially.. All being said as of today, what would most time be we could stretch it?
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Old 08-21-2010, 03:57 PM
 
Location: Kailua Kona, HI
3,199 posts, read 11,479,232 times
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I imagine that the Notice listed names, and "ALL OCCUPANTS" which covers anyone residing in the property. Normally after the Unlawful Detainer is served, your next visit is either from the sheriff, or to the courthouse for a hearing.

Did you call the LL and ask them if they meant you could stay? Might be a good idea.
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Old 08-21-2010, 05:47 PM
 
Location: Seaford, Delaware
3,471 posts, read 17,345,560 times
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Read what the eviction says. It may have named your mother and granddaughter, but following that it says: "and all other occupants". That's you. You have no time to stretch it. The sheriff will tell you that when he shows to put you out.
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Old 08-21-2010, 07:54 PM
 
Location: Dallas
7 posts, read 8,430 times
Reputation: 10
It says on letter landlord delivered,"you", as it was directed to lessee. We are on the lease , my girlfriend and I so wondering again if "we" will have to be served.. We were running around looking at places today but just trying to get a time per say and rough date. So assume she did go file detainer, from court date being set to actual court to actual date to be out, what would it be on a rough supposing she filed yesterday?
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Old 08-21-2010, 08:28 PM
 
Location: southwest TN
8,227 posts, read 15,003,523 times
Reputation: 14990
Your profile indicates you live in Paducah, KY - did you read the statutes on Landlord-Tenants?

Here is a short explanation I found:
Right to Terminate Lease. If the tenant refuses to comply with the provisions of the lease or the Landlord/Tenant Act, the landlord is entitled to give the tenant written notice specifying the violation and stating that the lease will terminate after fourteen days unless the offense is resolved. The tenant must be given a chance to rectify the situation and prevent termination of the lease. If the tenant makes the necessary repairs or pays damages within the allowed time, the lease shall not be terminated. If the violation reoccurs within six months, the landlord has the same recourse; however, in this case, the landlord is not required to give the tenant a second chance to undo the damages and may terminate the lease upon fourteen days' written notice.

The above applies to pets and other situations but I don't know if it applies to "illegal activities".

Eviction

[LEFT]<LI id=jsArticleStep1 itxtvisited="1">The legal process of eviction is used by a landlord to gain full legal possession of the property. After the written notice is given to a tenant and the notice period has expired, the landlord files for an eviction, called an Unlawful Detainer. A tenant has the right to contest the eviction during the hearing. A landlord may need to file a Writ of Possession after the eviction hearing if the tenant continues to refuse to leave. [/LEFT]


Read more: Kentucky Landlord Tenant Relations Act | eHow.com Kentucky Landlord Tenant Relations Act | eHow.com

I'm not an attorney - but the way I read that is you can wait for the court hearing and try to contest YOUR eviction as opposed to the Mother's. However, you also need to read the Notice that was posted and see who is named, including you by stating "et als" or "and others", even if not by name. You should seek the advice of a local lawyer before then.
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Old 08-21-2010, 09:05 PM
 
Location: Dallas
7 posts, read 8,430 times
Reputation: 10
Our names are not on there. I just want to get a couple weeks at most so we can get another place. I wonder with all court stuff if thats reasonable. Also the rent is paid though this month! Jst wondering a rough time of how much time left so we can keep planning yet not stress out.
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