tenants rights?

Question

I have never been late on a rent payment.... My landlord came to my apt. today and told me (verbaly) that I had to be out in 5 days due to structural damage to the building that needed to be fixed. Is this legal? or can someone give me a website that would be helpful to me?
He said he needed to tare one of my walls out in my living room. This is the reason he gave. He then offered me to move everything into the back part of the apt and he would partition it off so it would buy me some more time to look.
I am in Iowa if this makes a difference state to state. Just blew me away though! 5 days???? how can he do that? HHHEEEEEELP!

There is no lease. Month to month rental.

i am getting alot of feedback here that needs more info posted. first off, this landlord DID NOT say to "store my things", he offered me to stay back there. if the building is in that bad of repair, i could understand. secondly, he has no contractors, he will be doing the work himself. he is not qualified to make that call in the first place. he is a big city pencil pusher in a firm that has nothing to do with this sort of contracting. no inspector has been to my building. after calling him today i asked him straight and after three times in me asking the "exact" reason for me needing to leave is that i have pets and once he remodels he does not want pets. i have references on this matter that can voutch for my pets, still not good enough. last i checked it is illigal for him to change his mind on the pet clause. and where is my security deposit that was pd to the last landlord? would he hold that now? is that still in effect?

if the building is in danger, how could he give me the option to still stay in the back part? i am sorry my initial question did not state these things.

i think it is rude that others get to give thumbs down on my question. that should be left to me alone!

sooooooooo, for everyone that got a thumbs down,, i am giving two thumbs up..... thank you all for your help.
by the way, i bought my own house,, screw it all!!!! thanks again

Answer 1

No, he must give you legal written notice. I found some info for you to begin with but Pay the entire rent otherwise he can evict you. If you have a lease he can not evict you before that lease ends. If your a month to month tenant he MUST give you a 30 day written notice.

But something is not right, I smell crap. I would guess you have been there a while and he want to jack up the rent higher than he can legally do so he is hoping you will just leave thinking he can do it to you.

Contact Legal Aid or check with an atty.

Evictions 101
by: Iowa Legal Aid

Many people don’t know what to do when their landlords threaten to evict them. The law protects rights of tenants. It also protects rights of landlords. Like other legal topics, issues in landlord-tenant law can be complicated. Still, most of the basic rules and steps parties must follow are fairly simple. This article takes a look at eviction law in Iowa.

The Law Does Not Allow “Self-help” Evictions
The landlord must get a court order telling the tenants to move out. A landlord cannot just lock tenants out. A landlord cannot shut off the utilities. A landlord cannot throw tenants or their personal property out without getting a court order first. This is illegal.

The court procedure to evict a tenant is called a “forcible entry and detainer.” A landlord must follow very specific steps. A landlord must prove the right to take back the rented property from the tenants. If the landlord does not give the right notice, the court may dismiss the case. That means the tenants would be able to stay.

Grounds To Evict
Almost all evictions are based on one of three “grounds” (allegations).

The tenant broke (or “violated”) the lease
The tenant created (or allowed a guest to create) a “clear and present danger”
The tenant has not moved out (or is “holding over”) after a lease ended
Notices Required Before Landlords File Eviction Cases In Court
Landlords nearly always have to give a tenant a written notice before filing an eviction case. If a landlord files an eviction without giving proper notice to the tenant, the court is likely to throw out the case at the hearing. If that happens, the landlord may give a different notice, and try again.

The notice required in each case depends on the reasons for the eviction. Different reasons need different notices. There are six common kinds of notices:

3-day notice of nonpayment of rent
3-day notice of “clear and present danger”
7-day notice to cure lease violations
7-day notice of lease termination with no right to cure
30-day termination notice
3-day notice to quit
Nonpayment Of Rent
If a tenant fails to pay rent, the landlord may give a written notice to the tenant. The notice has to say that the lease will end if the rent is not paid within 3 days. This gives a “right to cure” or fix the lease violation. If the tenant pays the rent in 3 days, the landlord cannot evict the tenant. The landlord must give a new 3-day notice of nonpayment each time rent is not paid. If the landlord does not give the right notice, the court may dismiss the landlord’s case.

Clear And Present Danger
A “clear and present danger” could be anything putting other tenants, the landlord, or its employees in danger. The danger must be on or within 1,000 feet of the landlord’s property. The law says a “clear and present danger” includes:

physically assaulting or threatening another
illegally using or possessing a firearm
possessing illegal drugs
If a landlord thinks the tenant has done this, then the landlord may be able to end the lease with a 3-day notice. After that, the landlord can file an eviction case. If the problem was not caused by the tenant, the tenant may be able to keep the person who caused the problem away from the rental property. There are specific rules that have to be followed to use this “cure” option.

Other Lease Violations
A landlord may claim the tenant violated the lease in some other way. In most cases the landlord must give the tenants a 7-day notice with a right to fix or “cure” the lease violation. For example, a landlord may think the tenants have a dog, and the lease says no pets. The landlord must give the tenants a written notice. The notice must say the lease will end if they do not get rid of the dog within 7 days. If the tenants get rid of the dog within 7 days, then the lease does not end. If the tenants do not, the landlord may file an eviction case (but only after first giving a 3-day “notice to quit,” explained below).

Some Lease Violations “Hover” For 6 Months
What happens if the tenant “cures” a lease violation, but the same thing happens again? For example, a tenant has a dog and the lease says no pets. The landlord gives a 7 day cure notice. The tenant gets rid of the dog in 7 days. The lease does not end. If the tenant gets a dog again within 6 months, the landlord can give a 7 day termination notice. The tenant does not get another chance to fix the problem. But, if the same type of lease violation happens again more than 6 months later, the landlord must give a new “cure” notice.

30-day Notice Of Termination
Many tenants rent an apartment for a specific period of time – such as one year. Other tenancies are called “month-to-month.” A month-to-month tenancy has no special ending date. No reason is needed to end a month-to-month tenancy. Either the landlord or the tenant can decide to end a month-to-month tenancy. (However, the landlord cannot end the tenancy for an illegal reason. For example, landlords cannot end a tenancy because of the tenant’s race, or the race of the tenant’s guests.) Either the landlord or the tenant must give the other at least 30 days notice in writing before ending the tenancy. The notice must be given at least 30 days before the next time rent is due. If the rent is due on the first day of the month, the tenancy can only be ended on the first day of the month. So, a landlord cannot give a notice on September 10 to end the tenancy on October 10. The tenancy could not end until the next time rent is due – November 1.

Notice To Quit
If a landlord wants the tenant to leave, the landlord has to end the tenancy. The landlord would probably use one of the notices discussed in this article. In some cases, the landlord has to give another notice after the tenancy has been ended. That notice is a “Notice to Quit.” This notice does not end the tenancy. Instead, it tells the tenant to leave (“quit”). This notice has to be given in the following situations:

After a 7-day notice of noncompliance, if the tenant did not fix the problem (or if the problem happens again within 6 months)
After a 30-day notice of termination
The landlord cannot file an eviction lawsuit until after the three days have gone by. If the landlord does file before waiting 3 days, the court should dismiss the lawsuit at the hearing.


How Eviction Cases Proceed
Tenants must get notice of any eviction hearing at least 3 days before it takes place. If the tenant is not served at least 3 full days before the hearing, the court should postpone the hearing. It may also be possible to serve tenants by posting on the door and mailing, or by certified mail. There may be problems with these types of “service.” A tenant would probably need a lawyer to argue that the notice was no good.

It is important that you go to the court hearing. If you don’t go, you could be evicted, even if you have a good defense.

The court hearing gives both the landlord and the tenant a chance to tell their story. A landlord will not win just because the tenant got the right notice. If the landlord claims that the tenant did not pay rent, the tenant can try to prove the rent was not owed. A landlord who claims the tenant was having loud parties must prove the tenant really disturbed other tenants. The landlord must also show the tenant kept doing it after getting a 7-day notice. Both sides can offer evidence and have witnesses speak. Eviction cases are usually heard in small claims court. Most are brought and defended by people without lawyers.

There are other ways to defend against an eviction. The right choice depends on the facts of your case. It is always better to have a lawyer help defend an eviction.

If a landlord wins the eviction case, the tenant can be ordered to leave right away. Most of the time the tenant still has a few days to move. This depends on what the judge’s order says. It also depends on how busy the sheriff is. The sheriff will oversee the removal of the tenant and their property. If the tenant does not move, the tenant’s property will be set out near the street. Most sheriffs give tenants a “courtesy call.” This is a warning that their property will be removed. Sheriffs don’t have to give this notice.

If a tenant wins the eviction case, the request to evict the tenant is dismissed. The tenant does not have to move out. Some landlords will file a new eviction case after giving the right notice(s). This starts the process over. Sometimes the landlord is allowed to evict the tenant the next time. The landlord’s claims might be dismissed a second time. It all depends on the facts of each case.

Helping low-income Iowans who face legal problems involving housing is a priority for Iowa Legal Aid. To find out which office serves your county, call 1-800-532-1275. You may also find information on the Iowa Legal Aid Website. Go to iowalegalaid.org.

Answer 2

I think technically that since the property was rented with the plants that the tenants might be right although yelling and screaming was not the best way to handle that. The reason I think this is what if the prior tenants had left say a couch and told your mom that she could have it and then she rented the property without removing it, which would mean to the tenants that the couch was there for their use and then your parents decided after the tenants had moved in and were using it to go in and remove the couch. That wouldl be wrong so I would assume that the plants would possibly be the same way. My suggestion is when these tenants move out to get the plants then. Most people wouldnt have cared but obviously these tenants want to raise a stink over not getting to smell the roses. lol

Answer 3

First off, this doesn't seem like the landlord is being malicious. Nor does it appear that it has anything to with you or rent.

It sounds like the landlord found out about something that threatens the safety of the building and he needs to get it fixed. My guess the 5 days is simply the day before the company that will fix the problem can start. Its obvious that he wants to help, by offerring to store your stuff in the back of the apartment till you can find a place.

I would've have asked him about rent? do I owe anything for this month?

Bottom line is according to you the landlord says there is structural damage and unfortunately that will supercede any lease. You could challenge it, but I doubt any judge would side with you. The judge isn't about to let people stay in a home that could possibly collaspe and kill people.

You just gonna have to deal with it and find a new place.

Answer 4

USE COMMON SENSE!!!!!!!!!!!!
Would you rather wait until the part of the structure that is damaged (Near your wall, obviously) falls on your head? Structural damage repair cannot wait. Your apt isnt safe and you are worried about if 5 days notice is legal? Find a friend to stay with. A city inspector can condemn a building for structural repairs, which would mean you would move out the day its condemned.
Obviously he is letting you know that in 5 days, the contractors will begin work. You cannot reside there in the apt while the work is being done.
The poster who said it supersedes any lease is absolutly correct. . Your LL is letting you store your stuff until you can find another place. Obviously the repairs are going to take awhile.
Yes it is legal for him to give you the 5 day notice. He is not being mean, he is obviously doing what is best for your safety and for the safety of his building.

Answer 5

I don't know about your state, so perhaps you should talk to the states housing authority or equivalent. They're easy to find in California. It sounds legal for him to kick you out for major repairs. If the house is falling apart, you don't want it to fall on your head. The question is since it is a lease did he prorate your rent for the days you didn't live there. If he kicks you out for a week, you shouldn't pay for the week your not there. The other thing is did he say you could move back when the repair is done. These are basic rights in Ca. I would say it's the same elsewhere. I also don't know how much notice he needs to give in your state too, but if the house is not livable I would imagine 5 days is genorous. Also, he should do it in writing. Verbal is kind of meaningless.

Answer 6

First off, do you have any type of lease. Most leases protect you more than him. Also, did a code enforcement officer post anything on the building. If not, contact your code enforcement officer who, in most areas I've lived in, is located at the police dept. If nothing is posted, tell them what the landlord said and they may come out to see the damage to access it and see if it is safe or unsafe and use this info. especially if it is safe, for your argument that you must leave in 5 days. Doesn't sound right to me. If your landlord is lying to you, hopefully the code enforcement officer does find problems and gives your landlord some headaches of his own.

Answer 7

If there is an immediate danger to your health and safety, he is required to remedy it. That's what the appropriate gov't agency will tell you. If he didn't, and you got hurt, then you'd sue him and end up owning the building.....
I should think you would get a serious reduction in rent till you move, and that he might kick in some/all of your moving expenses. You didn't damage the building, and you might be able to prove negligence on his part, however, you CANNOT hold back from paying him the rent. You can go after it after the deal is done, but you can't withold it up front.
Talk to the Housing Authority where you live for more specifics.
Good luck.

Answer 8

You really need to contact a local lawyer or a local tenants rights association.

Your landlord may have to pay for your move and I'm sure that unless the building is in danger of collapse that he can't legally get you out so fast.

Answer 9

It depends on what your lease says. Legally, he has to fulfill the terms of the lease. If you are on a month to month lease, he has to give you 30 days notice.

Answer 10

Kewelmomin gave u the answer! Ur landlord is off on this one!