How can my mother remain in the lease that she and her now ex-boyfriend signed?
Full Question:
My Mother is currently renting a house in Waterloo, IA. She has a signed lease with her boyfriend. They broke up this weekend so my Mother informed the landlord that he was going to move out. The landlord told her that she is giving her the until November 1st to move out because she has broke her lease agreement. My Mother has the money to pay for the remainder of the lease and has offered this to the landlord but she is refusing. Does the landlord have reason to evict my Mother and sister? Also, is my Mother allowed a thirty day notice?
10/05/2007 |
Category: Landlord Tenant |
State: Iowa |
#9730
Answer:
The applicable Iowa statutes are as follows:
562A.9 Terms and conditions of rental agreement.
1. The landlord and tenant may include in a rental agreement, terms and
conditions not prohibited by this chapter or other rule of law including
rent, term of the agreement, and other provisions governing the rights and
obligations of the parties.
2. In absence of agreement, the tenant shall pay as rent the fair rental
value for the use and occupancy of the dwelling unit.
3. Rent shall be payable without demand or notice at the time and place
agreed upon by the parties. Unless otherwise agreed, rent is payable at the
dwelling unit and periodic rent is payable at the beginning of any term of
one month or less and otherwise in equal monthly installments at the
beginning of each month. Unless otherwise agreed, rent shall be uniformly
apportionable from day-to-day.
4. Unless the rental agreement fixes a definite term, the tenancy shall
be week-to-week in case of a roomer who pays weekly rent, and in all other
cases month-to-month.
562A.10 Effect of unsigned or undelivered rental agreement.
1. If a landlord does not sign and deliver a written rental agreement
signed and delivered to the landlord by the tenant, acceptance of rent
without reservation by the landlord gives the rental agreement the same
effect as if it had been signed and delivered by the landlord.
2. If a tenant does not sign and deliver a written rental agreement
signed and delivered to the tenant by the landlord, acceptance of
possession without reservation gives the rental agreement the same effect
as if it had been signed and delivered by the tenant.
3. If a rental agreement given effect by the operation of this section
provides for a term longer than one year, it is effective only for one
year.
562A.11 Prohibited provisions in rental agreements.
1. A rental agreement shall not provide that the tenant or landlord:
a. Agrees to waive or to forego rights or remedies under this chapter
provided that this restriction shall not apply to rental agreements
covering single family residences on land assessed as agricultural land and
located in an unincorporated area;
b. Authorizes a person to confess judgment on a claim arising out of the
rental agreement;
c. Agrees to pay the other party's attorney fees; or
d. Agrees to the exculpation or limitation of any liability of the other
party arising under law or to indemnify the other party for that liability
or the costs connected therewith.
2. A provision prohibited by subsection 1 included in a rental agreement
is unenforceable. If a landlord willfully uses a rental agreement
containing provisions known by the landlord to be prohibited, a tenant may
recover actual damages sustained by the tenant and not more than three
months' periodic rent and reasonable attorney's fees.
562A.18 Rules.
A landlord, from time to time, may adopt rules, however described,
concerning the tenant's use and occupancy of the premises. A rule is
enforceable against the tenant only if it is written and if:
1. Its purpose is to promote the convenience, safety, or welfare of the
tenants in the premises, preserve the landlord's property from abusive use,
or make a fair distribution of services and facilities held out for the
tenants generally.
2. It is reasonably related to the purpose for which it is adopted.
3. It applies to all tenants in the premises in a fair manner.
4. It is sufficiently explicit in its prohibition, direction, or
limitation of the tenant's conduct to fairly inform the tenant of what the
tenant must or must not do to comply.
5. It is not for the purpose of evading the obligations of the landlord.
6. The tenant has notice of it at the time the tenant enters into the
rental agreement.
A rule adopted after the tenant enters into the rental agreement is
enforceable against the tenant if reasonable notice of its adoption is
given to the tenant and it does not work a substantial modification of the
rental agreement.
562A.21 Noncompliance by the landlord — in general.
1. Except as provided in this chapter, if there is a material
noncompliance by the landlord with the rental agreement or a noncompliance
with section 562A.15 materially affecting health and safety, the tenant may
elect to commence an action under this section and shall deliver a written
notice to the landlord specifying the acts and omissions constituting the
breach and that the rental agreement will terminate upon a date not less
than seven days after receipt of the notice if the breach is not remedied
in seven days, and the rental agreement shall terminate and the tenant
shall surrender as provided in the notice subject to the following:
a. If the breach is remediable by repairs or the payment of damages or
otherwise, and if the landlord adequately remedies the breach prior to the
date specified in the notice, the rental agreement shall not terminate.
b. If substantially the same act or omission which constituted a prior
noncompliance of which notice was given recurs within six months, the
tenant may terminate the rental agreement upon at least seven days' written
notice specifying the breach and the date of termination of the rental
agreement unless the landlord has exercised due diligence and effort to
remedy the breach which gave rise to the noncompliance.
c. The tenant may not terminate for a condition caused by the deliberate
or negligent act or omission of the tenant, a member of the tenant's
family, or other person on the premises with the tenant's consent.
2. Except as provided in this chapter, the tenant may recover damages and
obtain injunctive relief for any noncompliance by the landlord with the
rental agreement or section 562A.15 unless the landlord demonstrates
affirmatively that the landlord has exercised due diligence and effort to
remedy any noncompliance, and that any failure by the landlord to remedy
any noncompliance was due to circumstances reasonably beyond the control of
the landlord. If the landlord's noncompliance is willful the tenant may
recover reasonable attorney's fees.
3. The remedy provided in subsection 2 is in addition to any right of the
tenant arising under subsection 1.
4. If the rental agreement is terminated, the landlord shall return all
prepaid rent and security recoverable by the tenant under section 562A.12.
562A.26 Tenant's remedies for landlord's unlawful ouster, exclusion, or
diminution of service.
If the landlord unlawfully removes or excludes the tenant from the
premises or willfully diminishes services to the tenant by interrupting or
causing the interruption of electric, gas, water or other essential service
to the tenant, the tenant may recover possession or terminate the rental
agreement and, in either case, recover the actual damages sustained by the
tenant and reasonable attorney's fees. If the rental agreement is
terminated, the landlord shall return all prepaid rent and security.
562A.27 Noncompliance with rental agreement — failure to pay rent —
violation of federal regulation.
1. Except as provided in this chapter, if there is a material
noncompliance by the tenant with the rental agreement or a noncompliance
with section 562A.17 materially affecting health and safety, the landlord
may deliver a written notice to the tenant specifying the acts and
omissions constituting the breach and that the rental agreement will
terminate upon a date not less than seven days after receipt of the notice
if the breach is not remedied in seven days, and the rental agreement shall
terminate as provided in the notice subject to the provisions of this
section. If the breach is remediable by repairs or the payment of damages
or otherwise and the tenant adequately remedies the breach prior to the
date specified in the notice, the rental agreement shall not terminate. If
substantially the same act or omission which constituted a prior
noncompliance of which notice was given recurs within six months, the
landlord may terminate the rental agreement upon at least seven days'
written notice specifying the breach and the date of termination of the
rental agreement.
2. If rent is unpaid when due and the tenant fails to pay rent within
three days after written notice by the landlord of nonpayment and the
landlord's intention to terminate the rental agreement if the rent is not
paid within that period of time, the landlord may terminate the rental
agreement.
3. Except as provided in this chapter, the landlord may recover damages
and obtain injunctive relief for noncompliance by the tenant with the
rental agreement or section 562A.17 unless the tenant demonstrates
affirmatively that the tenant has exercised due diligence and effort to
remedy any noncompliance, and that the tenant's failure to remedy any
noncompliance was due to circumstances beyond the tenant's control. If the
tenant's noncompliance is willful, the landlord may recover reasonable
attorney's fees.
4. In any action by a landlord for possession based upon nonpayment of
rent, proof by the tenant of the following shall be a defense to any action
or claim for possession by the landlord, and the amounts expended by the
claimant in correcting the deficiencies shall be deducted from the amount
claimed by the landlord as unpaid rent:
a. That the landlord failed to comply either with the rental agreement or
with section 562A.15; and
b. That the tenant notified the landlord at least seven days prior to the
due date of the tenant's rent payment of the tenant's intention to correct
the condition constituting the breach referred to in paragraph "a" at the
landlord's expense; and
c. That the reasonable cost of correcting the condition constituting the
breach is equal to or less than one month's periodic rent; and
d. That the tenant in good faith caused the condition constituting the
breach to be corrected prior to receipt of written notice of the landlord's
intention to terminate the rental agreement for nonpayment of rent.
5. Notwithstanding any other provisions of this chapter, a municipal
housing agency established pursuant to chapter 403A may issue a thirty-day
notice of lease termination for a violation of a rental agreement by the
tenant when the violation is a violation of a federal regulation governing
the tenant's eligibility for or continued participation in a public housing
program. The municipal housing agency shall not be required to provide the
tenant with a right or opportunity to remedy the violation or to give any
notice that the tenant has such a right or opportunity when the notice
cites the federal regulation as authority.
562A.34 Periodic tenancy — holdover remedies.
1. The landlord or the tenant may terminate a week-to-week tenancy by a
written notice given to the other at least ten days prior to the
termination date specified in the notice.
2. The landlord or the tenant may terminate a month-to-month tenancy by a
written notice given to the other at least thirty days prior to the
periodic rental date specified in the notice.
3. The landlord or the tenant may terminate a tenancy having a term
longer than month-to-month by a written notice given to the other at least
thirty days prior to the end of the first or subsequent term of the tenancy
specified in the notice.
4. If the tenant remains in possession without the landlord's consent
after expiration of the term of the rental agreement or its termination,
the landlord may bring an action for possession and if the tenant's
holdover is willful and not in good faith the landlord, in addition, may
recover the actual damages sustained by the landlord and reasonable
attorney's fees. If the landlord consents to the tenant's continued
occupancy, section 562A.9, subsection 4 applies.
562.4 Tenant at will — notice to terminate.
A person in the possession of real estate, with the assent of the owner,
is presumed to be a tenant at will until the contrary is shown, and thirty
days' notice in writing must be served upon either party or a successor of
the party before termination of the tenancy. However, if a rent is reserved
payable at intervals of less than thirty days, the length of notice need
not be greater than the interval.