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iowa renting laws, anyone?
Posted: Wed Dec 03, 2008 4:02 pm
by servo
so i moved out of a place in october cuz the lease was up.
now im being charged all of novembers rent because even though my lease was up i didn't put it in writing that i was moving out. the dude at the old rental agency tells me under iowa law you can be charged rent outside of your lease if you do not give a written notice of youre moving out.
this sounds like bullshit, can anyone prove to me that it is?
Re: iowa renting laws, anyone?
Posted: Wed Dec 03, 2008 4:10 pm
by joseph
read your lease.
the last few ive read said the length of the lease 6 months, year whatever and then they turned into an automatic month to month. minus you provide in writing a 30 day notice. i dont think its iowa law unless its written into your lease/rental agreement
Re: iowa renting laws, anyone?
Posted: Wed Dec 03, 2008 4:13 pm
by Hank Fist
that sounds like bull, but you know, some of the laws are. if the guy wanted you out, but you wanted to stay, he'd kick you out and say your lease is up.
there might be something about notice to vacate though.
Re: iowa renting laws, anyone?
Posted: Wed Dec 03, 2008 4:16 pm
by Hank Fist
Wait, just talked to my friend who rented her house, it sounds like it's a minimum of 30 days both ways, depending on the lease could be more.
check it:
http://www.legis.state.ia.us/IACODE/1999/562A/
Re: iowa renting laws, anyone?
Posted: Wed Dec 03, 2008 8:25 pm
by Joey Chaos
I don't think that's how it is. If the lease is up it's month to month. Also, if the lease is up, it's no longer valid, so no matter what it may say in the lease about putting things in writing, it will not hold up in court after the lease has expired. Trust me on this, I have a lot of experience with it.
Example: Mutt and I rented a house in the junction for a year. We went month to month after the lease was up. One day the landlord called and said the house was sold, you have 10 days to be out. No lease, nothing we could do.
Example: We had this dickhead landlord (Todd Mulhern) that tried to pull all sorts of shit on us. When we moved out, he tried to say he was going to sue us for advertising fees and yadah yadah. I called both a judge and a lawyer, and they both said that since there was no lease per se and the contract we had with him was only for 6 months (lived there for 8 ), he was shit out of luck.
If I were you, I would tell them to get fucked.
I am not a lawyer, so don't quote me on this, but this is how it's worked out for me in the past.
Re: iowa renting laws, anyone?
Posted: Wed Dec 03, 2008 8:57 pm
by Bullet Tooth
i can confirm this is true. i was in this situation before also and when i contacted the housing authority's legal section, they said that what you sign for in your lease is what you are liable for, within reason of course. per the h.a., there was nothing in iowa law that said they couldnt make that provision.
i'd still tell them to get fucked though.
Re: iowa renting laws, anyone?
Posted: Wed Dec 03, 2008 9:04 pm
by Joey Chaos
I still think that's only while the lease is valid.
Re: iowa renting laws, anyone?
Posted: Wed Dec 03, 2008 9:44 pm
by DaVo
Most legal contacts that are time based have a renewal clause or renewal option. It usually requires one of the parties to notify the other 30 days in advance to terminate the contract. This goes for everything from rental and management contracts to mobile phones and the cable company.
Re: iowa renting laws, anyone?
Posted: Wed Dec 03, 2008 9:57 pm
by ginx86
Can't prove anything but I'm going to guess that the law comes down on the side of the business owner rather than you. I'm going to agree with everyone else that says fuck em and move on.
Re: iowa renting laws, anyone?
Posted: Thu Dec 04, 2008 6:45 am
by DaVo
ginx86 wrote:Can't prove anything but I'm going to guess that the law comes down on the side of the business owner rather than you. I'm going to agree with everyone else that says fuck em and move on.
No it also protects the leaser. It keeps the landlord from showing up on the first of 13th month without notice and telling the renter to get the fuck out. Also going to a month to month can have the advantage of not allowing the landlord to raise the rent without 30 day notice. Giving the renter time to find another place or stay. However in this situation it is protecting the landlord from profit loss cause the renter didn't inform him that they would be no longer renting. That whole month the landlord could have been seeking a new renter.
Re: iowa renting laws, anyone?
Posted: Thu Dec 04, 2008 1:36 pm
by Thom
servo:
the same thing happened to us when we moved a few months ago.
there isn't anything you can do but pay the landlord. This is something they can take you to court over since its probably in your lease.
Re: iowa renting laws, anyone?
Posted: Thu Dec 04, 2008 6:47 pm
by ilikehorses
Thom wrote:servo:
the same thing happened to us when we moved a few months ago.
there isn't anything you can do but pay the landlord. This is something they can take you to court over since its probably in your lease.
yeah, but are they going to take you to court for $400 or whatever? probably not. fuck em.