Eviction notice timing
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Eviction notice timing (by Nancy [KY]) Apr 14, 2018 12:35 PM
       Eviction notice timing (by myob [GA]) Apr 14, 2018 1:01 PM
       Eviction notice timing (by cjo'h [CT]) Apr 14, 2018 1:10 PM
       Eviction notice timing (by Jeff [CO]) Apr 14, 2018 1:15 PM
       Eviction notice timing (by Nancy [KY]) Apr 14, 2018 1:22 PM
       Eviction notice timing (by Nancy [KY]) Apr 14, 2018 1:22 PM
       Eviction notice timing (by Jeff [CO]) Apr 14, 2018 2:17 PM
       Eviction notice timing (by Jeff [CO]) Apr 14, 2018 2:20 PM
       Eviction notice timing (by myob [GA]) Apr 14, 2018 2:26 PM
       Eviction notice timing (by Nancy [KY]) Apr 14, 2018 2:27 PM
       Eviction notice timing (by Jeff [CO]) Apr 14, 2018 2:30 PM
       Eviction notice timing (by Nancy [KY]) Apr 14, 2018 2:31 PM
       Eviction notice timing (by Jeff [CO]) Apr 14, 2018 2:32 PM
       Eviction notice timing (by myob [GA]) Apr 14, 2018 2:34 PM
       Eviction notice timing (by Jeff [CO]) Apr 14, 2018 2:37 PM
       Eviction notice timing (by Nancy [KY]) Apr 14, 2018 2:54 PM
       Eviction notice timing (by Jeff [CO]) Apr 14, 2018 3:02 PM
       Eviction notice timing (by Nancy [KY]) Apr 14, 2018 3:55 PM
       Eviction notice timing (by JAC [OH]) Apr 14, 2018 5:10 PM
       Eviction notice timing (by myob [GA]) Apr 14, 2018 5:23 PM
       Eviction notice timing (by DJ [VA]) Apr 14, 2018 7:07 PM
       Eviction notice timing (by Robin [WI]) Apr 14, 2018 7:59 PM
       Eviction notice timing (by Shirlgirl [NY]) Apr 14, 2018 8:20 PM
       Eviction notice timing (by Jeff [CO]) Apr 14, 2018 8:49 PM
       Eviction notice timing (by Nancy [KY]) Apr 14, 2018 9:14 PM
       Eviction notice timing (by Busy [WI]) Apr 15, 2018 6:40 AM
       Eviction notice timing (by Jeff [CO]) Apr 15, 2018 6:48 AM
       Eviction notice timing (by myob [GA]) Apr 15, 2018 6:57 AM
       Eviction notice timing (by NC INVESTOR [NC]) Apr 15, 2018 10:43 AM
       Eviction notice timing (by Vee [OH]) Apr 17, 2018 7:44 AM

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Eviction notice timing (by Nancy [KY]) Posted on: Apr 14, 2018 12:35 PM
Message:

Ok. Here goes..

I've had a tenant for approx ONE week. Last night we were made aware she was having a party at 1:00 am. Went and witnessed cigarett butts being pitched out the window, etc.

It's a sixplex. Upon application process I let them know it's not a party house and e're strictly NO smoking.

The lease agreement states..Two cars allowed in parking lot. $20 penalty for breaking. $500 smoking penalty. 2 month penalty for breaking the year lease. Quiet hours between.. where extra caution is exercised not to disturb your house neighbors. AND we're not low drama but NO drama apartment house. If it doesn't suit you there are plenty of other places that don't mind. DONT rent here if you won't be able to comply.

I see conflicting info on the internet. Anyone know the eviction notice time she has to stay in the building before vacating in ky?? --107.77.xxx.x




Eviction notice timing (by myob [GA]) Posted on: Apr 14, 2018 1:01 PM
Message:

Nancy my take is with one week in-- time to rollup the newspaper or magizine and slap on the nose.

Write her/them and document what transpired. You have to give notice to cure lease violations.

Another words: we have documented the violations of the lease concerning smoking and after hour get togethers.These actions are in violation of the lease agreement (contract) should this be noticed again we will be sending you "NOTICE OF LEASE CANCELATION" at which time your lease will be legally terminate.

We always strive to allow our Residents an opportunity to get aquanted with other residents in the building. With that said we must be considerate of our other resdients. Nancy if you have a ELT clause inform them that you will accept there notice if they can't abide by the contract.

--99.103.xxx.xxx




Eviction notice timing (by cjo'h [CT]) Posted on: Apr 14, 2018 1:10 PM
Message:

Nancy,I wouldn't worry too much about it.She may not have another party for another 100 Years if she has one then, talk to her............charlie....................... --174.199.x.xxx




Eviction notice timing (by Jeff [CO]) Posted on: Apr 14, 2018 1:15 PM
Message:

I would do a 3-day notice for compliance or possession and would automatically make them move out at the end of their lease.

In most states you can't enforce penalties. --76.120.xx.xx




Eviction notice timing (by Nancy [KY]) Posted on: Apr 14, 2018 1:22 PM
Message:

Our lease states smoking WILL result in an eviction and there's a $500 smoking penalty. We just caught her this time and there's a good chance we won't later. Udon't trust her.

If we choose to get her out is it possible since it's in my lease? --107.77.xxx.x




Eviction notice timing (by Nancy [KY]) Posted on: Apr 14, 2018 1:22 PM
Message:

Our lease states smoking WILL result in an eviction and there's a $500 smoking penalty. We just caught her this time and there's a good chance we won't later. Udon't trust her.

If we choose to get her out is it possible since it's in my lease? --107.77.xxx.x




Eviction notice timing (by Jeff [CO]) Posted on: Apr 14, 2018 2:17 PM
Message:

Good luck evicting them - I don't know how you can do that. The same with the $500 penalty. I don't know KY law. I just know that we can do that in CO. --76.120.xx.xx




Eviction notice timing (by Jeff [CO]) Posted on: Apr 14, 2018 2:20 PM
Message:

I mean that we CAN'T do that here. --76.120.xx.xx




Eviction notice timing (by myob [GA]) Posted on: Apr 14, 2018 2:26 PM
Message:

Nancy I owuldn't go for th emoney part--not at this time. After move out if there's damages then the charges. --99.103.xxx.xxx




Eviction notice timing (by Nancy [KY]) Posted on: Apr 14, 2018 2:27 PM
Message:

I may be being naive but I don't see the reason for the lease agreement if it's not unforced. Without rules how do you have any order? --107.77.xxx.x




Eviction notice timing (by Jeff [CO]) Posted on: Apr 14, 2018 2:30 PM
Message:

It depends what you mean by "enforced." If you are talking about doing whatever you feel like, without regard to the law, you run certain risks. If you are talking about enforcement in accordance with state and local laws, that's different.

landlording is a business - not a hobby.

--76.120.xx.xx




Eviction notice timing (by Nancy [KY]) Posted on: Apr 14, 2018 2:31 PM
Message:

*inforced.

Sorry for typos. Im traveling and need to proofread but it makes me nauseous. " Hubby is driving. --107.77.xxx.x




Eviction notice timing (by Jeff [CO]) Posted on: Apr 14, 2018 2:32 PM
Message:

It's unfortunate that posts can't be edited on this site after they have been posted. I have the same problem. --76.120.xx.xx




Eviction notice timing (by myob [GA]) Posted on: Apr 14, 2018 2:34 PM
Message:

read your post-- have to ask how old are you?

Nancy I've been in court when a judge said this to an owner. Iknow what the law says-- I don't thinkthats what they meant.

You can't make this up. Also just becasue you have something in a lease doesn't make it ENFORCEABLE if its against the law. --99.103.xxx.xxx




Eviction notice timing (by Jeff [CO]) Posted on: Apr 14, 2018 2:37 PM
Message:

I find myself in a rare moment of agreement with myob (last line).

Nancy, if you are a landlord, why didn't you school yourself? --76.120.xx.xx




Eviction notice timing (by Nancy [KY]) Posted on: Apr 14, 2018 2:54 PM
Message:

I read landlording for the scrupulous landlords and lady. I believe that's the name. Its well written and covered lots of bases. I also read lots of information from booklets and books recommended by this sight. I pride myself in being informed but obviously this has me baffled.

I'm very aware law comes before a lease but I still don't see the point in writing any rules if they're not going to be enforced. It could be no pets. No smoking. Parking arrangements. Etc.

--107.77.xxx.x




Eviction notice timing (by Jeff [CO]) Posted on: Apr 14, 2018 3:02 PM
Message:

I hate to say it, but lease enforcement is one of the most basic tenets of landlording.

I would suggest familiarizing yourself with how it works or your tenants will be in charge of you (if they aren't already).

--76.120.xx.xx




Eviction notice timing (by Nancy [KY]) Posted on: Apr 14, 2018 3:55 PM
Message:

I'm not having a problem so to speak. She is ready to move out and pay up. I just wanted to make sure it was all lawful. --107.77.xxx.x




Eviction notice timing (by JAC [OH]) Posted on: Apr 14, 2018 5:10 PM
Message:

In KY you have to provide a 15 day notice to cure violations of the lease that are not payment related. If after the 15 days they have not remedied violations you can terminate the lease and evict. KRS 383.660 --66.42.xxx.xxx




Eviction notice timing (by myob [GA]) Posted on: Apr 14, 2018 5:23 PM
Message:

Jeff CO your post at 2:37 maybe if you had more moments you could learn something other than being a.

Your welcome. Your post to Shirley was unforgivable and I hope Jeffery does something about you.

Jeff do you really have property's or are you a radar?

--99.103.xxx.xxx




Eviction notice timing (by DJ [VA]) Posted on: Apr 14, 2018 7:07 PM
Message:

Nancy, I think I understand where you are coming from. There is no point in having a lease - or certain clauses in it - if it is not enforced. Of course that means it should be legally enforceable. From what you say, I don't know whether you have studied KY landlord-tenant law - and you need to know it like the back of your hand in order to know where you & your lease stand. Get a link to it through this website (top of the home page, I believe)

I see a big problem with this tenant, if I understand that you CLEARLY set forth expectations before move-in and they so blatantly ignored them. And bad enough for (apparently) a neighboring tenant to call you. I wouldn't want to possibly lose the other, no-drama tenants! Generally, I would say to pay out the consequences for the misbehavior - they knew what the consequences would be, and "chose" to get them. It's like raising children, don't make empty threats. But DO be careful that your actions are legal - again, STUDY your state's laws.

Best wishes

--68.10.xxx.xxx




Eviction notice timing (by Robin [WI]) Posted on: Apr 14, 2018 7:59 PM
Message:

If she's ready to pay up and move out, you don't have a problem. If she refused and you had to drag her to court--then you'd have a problem. --204.210.xxx.xxx




Eviction notice timing (by Shirlgirl [NY]) Posted on: Apr 14, 2018 8:20 PM
Message:

There u /you go again Jeff with your mean mouth. Get a grip --97.89.xxx.xx




Eviction notice timing (by Jeff [CO]) Posted on: Apr 14, 2018 8:49 PM
Message:

JAC seems to be right. --76.120.xx.xx




Eviction notice timing (by Nancy [KY]) Posted on: Apr 14, 2018 9:14 PM
Message:

First off.. this isn't a hobby. We've been in this for 10 plus years with nine rentals. We take it very seriously. We have been to court in the eviction process with two tenants. I wrongly assumed a no pay eviction and lease violation eviction would be the same. I'm sure I've read it before and must have forgotten.

We've never had a serious violation in this time so it looks like we're doing something right. :)

I see no need for the hateful attitudes some have had while posting. This is supposed to be a place for education and support.. A place for ALL of us to better ourselves as Landlords/Ladies.

After looking closer into it I've found it gets even more complicated as not all Ky counties have the same laws regarding evictions.

THANK YOU TO EVERYONE who helped. I greatly appreciate it! --107.77.xxx.xx




Eviction notice timing (by Busy [WI]) Posted on: Apr 15, 2018 6:40 AM
Message:

I suggest you have a local successful real estate attorney go over your lease, to make sure what's in there is legal in your area. As you have noticed, what's allowed by the courts varies state to state, and even county to county.

I absolutely agree with not putting things in a lease that aren't going to be enforced. That would be training tenants to ignore ALL the rules, if enforcing the rules is selective (and can easily run afoul of Fair Housing Laws, if one class of people can get away with it, but, others don't. )

In my area, we are fortunate that a local successful real estate attorney has worked with a print company and done up a whole slew of landlord paperwork valid in our state, and in all the counties he has worked in. (Remember, law in this country is case law. My goal is to NOT be a test case, lol!)

So, I suggest you have an attorney in your county go over your lease, so when this comes up again, you are confident in how to proceed.

Good luck! --172.58.xxx.xxx




Eviction notice timing (by Jeff [CO]) Posted on: Apr 15, 2018 6:48 AM
Message:

We all have questions, which is mostly why we are here. But your initial posts made you sound as though you had just inherited properties or are a landlord-hobbyist.

I beg to differ about one key point. If you have never had a serious violation in 10 years with 6 units, I would submit that there is actually something wrong with your business model. Your rents are too low, you're not paying attention, are letting things slide, etc.

You have described almost 22,000 rental unit/days. It would be almost impossible for this to be a first.

--76.120.xx.xx




Eviction notice timing (by myob [GA]) Posted on: Apr 15, 2018 6:57 AM
Message:

Nancy on your last post-- next to last paragraph you said about different laws in different counties-- not only that-- different judges in the same court house see laws differently-- yes even those that have go to appeals court and clarification made.

I posted previously one judge said this recently: "I know what the law says but I don't think thats what they mean" who the heck can fight that? --99.103.xxx.xxx




Eviction notice timing (by NC INVESTOR [NC]) Posted on: Apr 15, 2018 10:43 AM
Message:

I know nothing about KY LL/tenant laws but I have found that it is really hard to evict someone on lease violations that do not include unpaid rent. But that is here in NC so you need to find out how your LOCAL court regards these items.

Since she has only been there one week she is current. However, that doesn't preclude you from billing her the $500 for the smoking violation. That might be a wake up call for her. --71.75.xx.xx




Eviction notice timing (by Vee [OH]) Posted on: Apr 17, 2018 7:44 AM
Message:

Prolly the best thing to read is your downloaded and printed state and local tenant rules, this is paramount before opening for business, next spend some time in the local housing courts where you have places to get a feel for how the judges follow the printed rules, you may have already discovered that hiring an atty is the most expensive hourly rate we ever pay - get your next lease inline with the laws so the court will take your side when you arrive, once you understand the businessman/women is held to the highest standards you will be able to breeze thru court quickly and catch more fish in your spare time and go to a movie and laugh like heck.... --76.188.xxx.xx



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