Can I win if I take my landlord to court?

I live in low income housing, and today I received a 28 day notice to vacate because they said there was to many complaints. Ive never received a phone call or any kind of documentation on this or anything. For the most part my family and I stay to our selves and dont bother anyone. I’m wondering if there is anything I can do about this. I believe that the lease is month to month but we didn’t do anything wrong as far as I know to get evicted.

Asked on June 6, 2012 under Real Estate Law, Iowa


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are a month to month tenant than you need to be served with a 30 day notice to vacate.  If you do not vacate after the 30 days then you are considered a hold over and the landlord has to start eviction proceedings against you.  Now, the landlord can really serve the notice at any time and for any reason and ask you to leave.  You do not have a lease agreement protecting you.  So although it will take him time to get you out (and when they file the petition you need to put in an affirmative defense in your answer that the 30 day notice was not properly served; it will start the process all over again if the court finds that to be true), you may eventually be out.  Good luck.

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