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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41221
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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My landlord mailed ( not certified) a three day eviction notice

Customer Question

My landlord mailed ( not certified) a three day eviction notice or pay. In the city we live in he was supposed to have an inspection and permit to rent which we later found out he did not do either what are our rights? Do we really have to move in three days. Our lease will be up in one more month anyway. Thanks I live in Ankeny iowa
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
If I may ask, why are you receiving the notice, what happened? Why are you being evicted?
Customer: replied 1 year ago.
We have not paid rent because items were not repaired and we found out it is illegal for them to collect rent without permit. We have always paid our rent on time as well as other bills for the past 10 monthsa
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up.
To answer directly, the landlord can still pursue an eviction especially if you aren't paying rent (I can understand your reasoning, but the fact of the matter is a tenant has a duty to pay rent, and cannot generally withhold rent from the landlord).
However you can simply ignore the notice, wait for him to file suit via the courts, and at the hearing bring up evidence of the fact that the property is not inspected, the unit is illegal, and potentially the unit is 'uninhabitable' if there are serious repairs that bar you from being able to utilize and the enjoy the property. But yes, he can still attempt to take you to court for the past owed rents.
Sincerely,
Dimitry, Esq.