When a tenant is on a month to month basis, are they required to give notice before moving?

06/22/2007 - Category:Landlord Tenant - Lease Termination - State: IA #6620

Full Question:

When you have a tenant that is on a month to month basis, are they required to give notice to the landlord before they move or can they just pick up and leave after telling you a week before they intend to move?

Answer:

If you have a written lease agreement, you should carefully read it to determine the tenant's rights and obligations regarding terminating the lease. Typically, a written lease with a term of less than one year requires a one month notice. A written or unwritten lease, characterized by payment of rent on a weekly basis, typically requires a one week notice of termination if there is no designated expiration date.

The applicable Iowa statutes are as follows:

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.
562.6 Agreement for termination.
If an agreement is made fixing the time of the termination of a tenancy, whether in writing or not, the tenancy shall terminate at the time agreed upon, without notice. Except for a farm tenant who is a mere cropper, a farm tenancy with an acreage of forty acres or more shall continue beyond the agreed term for the following crop year and otherwise upon the same terms and conditions as the original lease unless written notice for termination is served upon either party or a successor of the party in the manner provided in section 562.7, whereupon the farm tenancy shall terminate March 1 following. However, the tenancy shall not continue because of an absence of notice if there is default in the performance of the existing rental agreement.
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.32 Remedy after termination.
If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement and reasonable attorney's fees as provided in section 562A.27.


Please see the information at the following links: Please see the forms at the following links:

06/22/2007 - Category: Lease Termination - State: IA #6620

See more Questions in the Lease Termination Category