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My daughter was evicted from her apartment for non payment…

My daughter was evicted...

My daughter was evicted from her apartment for non payment of rent.

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

I agreed to try letting her live in my home with me and after 2 weeks things are not turning out very well. I live in kentucky.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No lease and i own my own home more than 35 yrs.

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

Can i have her move out without a big hassle?

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Answered in 1 minute by:
3/26/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,227
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get. I just ask that you not shoot the messenger.

Unfortunately, once you allow a person, including an adult relative, to make residence in your home, they assume the rights of a month to month tenant. This is true even if the pay no rent and you consider them a "houseguest" The law considers them a tenant.

Therefore, under KY law, you will need to give 30 day's notice to terminate their "tenancy". Give it in writing, including a specific date when they must vacate, if not sooner (voluntarily). The notice need not be anything formal. A letter that you hand them is fine.

If they fail to vacate by the stated date then you will need to file a forcible detainer action in the local court to get an order of ejectment. The order is then placed with the sheriff for execution and they come out to the property to remove the tenant/guest and their personal property.

I wish I could tell you there is an easier way, but unless you follow this process, you expose yourself to civil liability.

If you need to go to court you can do so pro se, but you may find it more efficient to use an attorney. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question. There is no additional charge to you for rating me favorably.

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,227
Experience: 30 years experience representing clients.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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