Iowa Agreed Termination of Lease and Surrender of Premises
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FAQ
There is no obligation on a landlord to accept a surrender of a commercial lease and landlords will often only do so if there is a benefit in getting possession of the property back early.
Cancellation after a contract has startedOnce you sign a contract, it's binding, and your cancellation rights are located within the terms and conditions on your contract. This is why it's vitally important you fully read your contract before you sign it.
Where the written lease expired and the parties simply continued with the lease on a month to month basis thereafter. If the lease is a month to month lease as contemplated in the Rental Housing Act, then it can only be terminated by either party by providing one full calendar month's written notice.
Surrender of the leaseThis can be done formally, by deed, but this is not always necessary. If the landlord and tenant agree that the lease will be surrendered and they act in a way that is inconsistent with the lease continuing, the lease will be surrendered 'by operation of law'.
A landlord can't force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Iowa must follow specific procedures to end the tenancy.
At least 30 days before the periodic rental date specified in the notice. Notice to terminate a yearly lease with no end date. At least 30 days before the end of the first or subsequent term of the tenancy specified in the notice.
You can try and negotiate with your landlord to end the tenancy before it begins. Your landlord may consider agreeing to end the tenancy if you have a good reason. For example: you will not be able to afford the rent.
Surrender clause refers to a lease clause whereby the lessee is given the privilege of surrendering his rights and terminating his liability upon the giving of a stipulated notice or the payment of a designated sum of money, or, in some cases, without either of these formalities.
Surrendering by operation of law takes place when a new lease is signed or when the tenant abandons the property and the landlord takes possession. In both cases, the landlord takes over the property after the tenant has moved out.
State law regulates several rent-related issues, including late fees, the amount of notice (at least 30 days in Iowa) landlords must give tenants to raise the rent, and how much time (three days in Iowa) a tenant has to pay rent or move before a landlord can file for eviction.
