Legal Question in Landlord & Tenant Law in Iowa

evictions

Can a landlord attempt to evict you for owing only the current month's rent? Rent is due the 1st of the month (obviously) and I requested until the 23rd for the current month's rent and my landlord threatened to file for eviction. Is he able to do that?


Asked on 4/08/04, 10:10 pm

2 Answers from Attorneys

Michael McClellan Gast & McClellan

Re: evictions

yes

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Answered on 4/09/04, 1:47 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: evictions

If your lease is under the Virginia Residential Landlord Tenant Act (VRLTA), your landlord may serve you with a five day pay or quit notice one day after the rent is due. If you fail to remit within that five day period, the landlord is then free to terminate the lease and have you removed from the premises by filing an unlawful detainer action in the general district court.

If your lease is not under VRLTA but rather the

Commonwealth's statutory manifestations of the common law, whatever it says with respect to this issue (or a reasonable interpretation thereof) is what governs.

Either way the landlord appears free to terminate the lease and institute the unlawful detainer action against you within a very short period of time after the date on which your rent actually falls due unless, in the unusual circumstance, your common law lease includes terms which give you great flexibility as to exactly when you may remit your monthly rental payment.

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Answered on 4/08/04, 11:35 pm


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