If you are only 5 days late with the rent, can you be evicted immediately?

I am late on my rent this month as of the 5th. There is a $25 late fee, however. He told us that if it wasn’t paid by toda, that we will be evictied as of today and have to be out. Is there a time period that he has to give us to leave or do we really have to be out on the same day?

Asked on November 10, 2012 under Real Estate Law, Kentucky


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Before a tenant can be evicted, they must first be served with a "notice to quit" the premises. If the tenant remains after the date given to vacate, then the landlord must file for a formal eviction in court (i.e. an "unlawful detainer"). To get to court for the hearing usually takes about 2 weeks. Then after the court issues a "writ of possession" to the landlord, if the tenant still remains they can be physically put out by a sheriff, however that can take another 2 weeks.

Note: If your landlord attempts to remove you without following all required legal procedures, you could actually sue them for unlawful eviction.

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