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I allowed a renter to move into my apt. with all utilities…

Customer Question
I allowed a renter...

I allowed a renter to move into my apt. with all utilities included, with a dep. of $300.00 on Sept. 3rd, with the $575.00 rent money to paid they the day tthey got paid, which was on Sept. 8, but they did not that day, can I get a criminal tresaapassing warr

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Ky

Lawyer's Assistant: Has anything been filed or reported?

No I told them the had till Sunday, to get out, or I was getting a warrant Monday, They never moved out

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, I asked for the rent money, Sat. morning, he said he had it in the bank, but I told him I wanted him out by Sunday. I don't trust him or his girlfriend, and I've had no contact with them since Sat.

Submitted: 9 months ago.Category: Legal
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Answered in 5 minutes by:
9/11/2017
Lawyer: Barrister, Attorney replied 9 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,133
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

but they did not that day, can I get a criminal trespassing warrant

.

Unfortunately, no. They aren't trespassing, they are your tenant. This is a strictly civil landlord tenant matter with you being the landlord that the renter being your tenant.

.

They are in breach of the rental agreement and you can give them a written 7 day notice to pay or vacate. If they don't pay, then you can file a forcible detainer (eviction) action in the local District court. You will get a date about a week or 10 days later. Then you appear and tell your story and get a judgment. 7 days later you can get a writ and have the sheriff or constable show up and throw them out.

.

But that is the only way to do this as the police don't handle landlord tenant matters and the sheriff/constable can only act on a judge's orders, like with an eviction judgment.

.

As an aside, in addition to being an attorney, I have also been a KY landlord for over 26 years...

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

Barrister

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Customer reply replied 9 months ago
this isn't in Ky counties like Clay Counties and others, ẃhy is this
Lawyer: Barrister, Attorney replied 9 months ago

Yes, the law is the same throughout KY as to what constitutes a landlord and a tenant and what has to be done to get a tenant out if they are in violation of the lease terms or are not paying their rent.. The Kentucky Revised Statutes are statewide laws.

.

You can try to get a warrant for trespass, but as soon as the sheriff or police finds out they are a tenant, they will tell you that you have to legally evict them..

.

I am sorry that there isn't any easier legal way to get them out..

.

.

thanks

Barrister

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Customer reply replied 9 months ago
how do you go about getting this served in district court
Lawyer: Barrister, Attorney replied 9 months ago

Have you given the tenant a written 7 day notice to pay or vacate?...You have to do that first to start the process.

.

Then on the 9th day after giving them the notice, you can go down to District and ask for forcible detainers (evictions) and fill out the summons and complaint, pay the filing fee, pay the sheriff's service fee, and then you get a court date a week or ten days later where you show up to court and tell the judge your story and get your judgment.

.

In the meantime, the sheriff will serve the summons on the tenant..

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