Iowa Tenant Self-Help Clause

State:
Multi-State
Control #:
US-OL1003
Format:
Word; 
PDF
Instant download

Description

This office lease clause is describes the self-help right that can be exercised only after a long term notice in an emergency, as well as in a non-emergency. The tenant needs to illustrate rationale and the underlying basis for a utilization of self-help as well as the reasonableness of the charges for which the tenant is seeking reimbursement.

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FAQ

562.6 Agreement for termination. If a written agreement is made fixing the time of the termination of a tenancy, the tenancy shall terminate at the time agreed upon, without notice.

1. a. An action for forcible entry and detainer shall be brought in a county where all or part of the premises is located.

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.

Duties of Tenants (Iowa Code 562A.17) Properly use all appliances and facilities such as plumbing, heating, wiring, air conditioning; Not damage or abuse the apartment on purpose or carelessly, or knowingly allow someone else to do so; and. Avoid doing things that will disturb the neighbors' peace and quiet.

Notice for Non-Payment of Rent If rent is not paid when due, the landlord must deliver a "NOTICE TO CURE OR QUIT" (Three-Day Notice form) to the tenant. This notice must state that the rent is due but unpaid, and the landlord intends to terminate the Rental Agreement in three (3) days if the rent is not paid.

2. Timeline Lease Agreement / Type of TenancyNotice to ReceiveWeekly10-Day Notice to QuitMonthly30-Day Notice to QuitLonger than monthly30-Day Notice to Quit

A landlord cannot throw tenants or their personal property out without getting a court order first. This is illegal. The court procedure to evict a tenant is called a "forcible entry and detainer." It is more commonly called an eviction. A landlord must follow very specific steps.

648.3 Notice to quit. Before action can be brought under any ground specified in section 648.1, except section 648.1, subsection 1, three days' notice to quit must be given to the defendant in writing.

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Iowa Tenant Self-Help Clause