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Loren, Attorney
Category: Legal
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Experience:  30 years experience representing clients.
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Can a landlord evict a tenant with young children if she cant

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Can a landlord evict a tenant with young children if she can't find a place in time? Her husband left her, she has three children, and is less than a month overdue on her rent. The landlord has refused to fix plumbing (she has to take her kids to the Y 3 times a week for showers) and will now graciously let her out of her lease if she gets out by May 31st. What does she do?
Yes, a landlord may evict a tenant with young children. However, the landlord is required to provide a safe habitable place to live for the tenant. As a result you may have a defense to any eviction action the landlord would bring because, presuming the landlord is responsible for maintaining the leased premises, the landlord is in breach. That could extend the time it would take to evict you for nonpayment by months.

If you contact the Iowa Bar, they will be able to refer you to legal aid attorneys or organizations who may be able to help you.
Customer: replied 5 years ago.

He has not begun the eviction process. He has told her he will let her out of her lease (he told her this today) if she is out by the 31st. Doesn't he have to give her a 30 day notice? She needs time.

If you have a month to month lease the landlord must give you at least one full month's notice. However there is nothing preventing you from agreeing to leave earlier. Especially if he is waiving May's rent.
Loren and 4 other Legal Specialists are ready to help you
Customer: replied 5 years ago.

He isn't waving the rent adn she has not paid it yet. She wants to move out and has been trying to find a place, but when he gave her a deadline of the 31st, she paniced. Her loser husband ran off with an 18 year old girl and wants nothing to do with his kids because they 'cramp his style'.


If the landlord does not wave the rent, does he still have to give her 30 days?

If there is non payment of rent the landlord Can give you a 3 day notice and then file the forcible detainer in court. As I said, if you choose to fight the eviction you may be able to stretch out the process a couple of months. The landlord may then be more inclined to work with you to get you to leave.

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