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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2485
Experience:  Experience working with evictions, subsidized housing issues and mobile home issues.
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My husband and I both received the eviction papers to appear

Customer Question

My husband and I both received the eviction papers to appear in court on Wednesday. Do we both have to appear or just one of us. The lease is only in my name. He also has to work the night before.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  S. Kincaid replied 1 year ago.

Is this for the trial? Or is it a pretrial hearing? In what state is this in?

Customer: replied 1 year ago.
KY and it's a hearing for an eviction
Expert:  S. Kincaid replied 1 year ago.

If it's the trial, having only one of you appear is risky. It is illogical for one of you to win the eviction and not the other (unless your defense is specific to each of you) but it is possible. Either party could lose by the mere fact of not appearing in court. Also, if you are both witnesses, you might both have to be present to testify.

Do you have any other questions?

Customer: replied 1 year ago.
This is for an eviction. My husband isn't on the lease and didn't deal with the landlord. I did. My husband works 6 days a week and 12 hours a day. This is a new job and still in his first 90 days and not time off. He can't miss work.
Expert:  S. Kincaid replied 1 year ago.

It might work out fine, but there is the risk. Did he respond to the lawsuit in writing?

Customer: replied 1 year ago.
Not yet. I am going to do that tomorrow. I've been trying for over a week to get a hold of a local lawyer and no one has returned my phone call.
Expert:  S. Kincaid replied 1 year ago.

Is his name on the lawsuit?

Customer: replied 1 year ago.
Both of our names are ***** ***** paper work.
Expert:  S. Kincaid replied 1 year ago.

And when were you served?

Expert:  S. Kincaid replied 1 year ago.

Also, can you tell me exactly what is stated in the notice of the hearing? I want to clarify whether or not it is trial.

Customer: replied 1 year ago.
March 1
Expert:  S. Kincaid replied 1 year ago.

You were supposed to file an answer within five days. If you have not, I suspect that this is something other than a trial. Can you tell me, word for word, what the notice of the hearing states?

Expert:  S. Kincaid replied 1 year ago.

Also, do you have a legal defense to the action or are you just trying to extend the process?

Customer: replied 1 year ago.
It says at the tips notice of eviction hearing.
Expert:  S. Kincaid replied 1 year ago.

Yes, that's the trial. Do you actually have a legal defense?

Customer: replied 1 year ago.
The house is infested with mold and I am having health issues from it and he will not make repairs. He is saying we did not pay rent for Jan and he did cash a check for Jan rent. I have proof. We asked him to fix the issues or we will take half the rent to make repairs ourself. He then had a lawyer send us a 30 day letter and two weeks into the 30 days we received the eviction notice.
Customer: replied 1 year ago.
No. I can't get ahold of any laywers in this area.
Expert:  S. Kincaid replied 1 year ago.

Ok. While it is possible that one of you can help you both prevail, it is a risk. But it's up to you.

Customer: replied 1 year ago.
All I want to do is have more time to get packed and find a house that does not have mold. With his work schedule and chance of myself having surgery we can be moved in the time frame they give after eviction.
Expert:  S. Kincaid replied 1 year ago.

If you are seeking more time only, then it should work for one of you to appear,

Customer: replied 1 year ago.
Any advise on what to do and say?
Expert:  S. Kincaid replied 1 year ago.

Just present your defenses clearly. Present evidence, whether that is witnesses or documents/photos.

Customer: replied 1 year ago.
Now is it possible to still file a counter claim against my landlord since I am having health issues from the mold.
Customer: replied 1 year ago.
Our lease is up in 4 months anyways.
Expert:  S. Kincaid replied 1 year ago.

At this point, you would have to file a new lawsuit.

Customer: replied 1 year ago.
I would need a lawyer to do that.
Expert:  S. Kincaid replied 1 year ago.

You might, yes.

Customer: replied 1 year ago.
Ok thanks. I'm still going to my county clerks office for more info.
Expert:  S. Kincaid replied 1 year ago.

Best of luck.

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