Legal Question in Real Estate Law in Kentucky
my landlord left notice on my door on 02/26/2011 advising an 85.00 discount if I paid by march 1st. i did and I have the canceled check to show for it. I have not heard anything from my landlord since the payment was delivered. I get home yesterday to find a court summons going after me for the 85.00 discount. Also I had advised him several times of the hot water heater not working properly and that I have a terminally ill child and need it fixed, Its been a month and its still not fixed. I am not sure what to do here he did not give me time to obtain an attorney the court date is the 21st. Can he do this although I have the signed notice and check as proof?
1 Answer from Attorneys
You should go down to Legal Aid and see if they can help or find another pro bono attorney for you, if you can't afford one. If you have to go pro se, then yes, bring your documentation to court. You should file a counter-claim (the clerk will have the form for it), stating that the suit is retaliatory for making a complaint about the water heater, and ask for damages accordingly. I'm not sure what your local laws say. Not everywhere in Kentucky has adopted URLTA, the landlord-tenant statutes. So, check with local counsel.
If the check does not reflect that it was deposited or cleared by March 1, you'd want to bring other evidence that you delivered the check by then. Did you put a dated letter with the check you kept a copy of? Did someone deliver it for you who could testify to it? Otherwise, it will be your word against the landlord's, and the landlord will say, even though the check was dated before March 1, it wasn't delivered until after that date.
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