Iowa Tenant Self-Help Right

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Multi-State
Control #:
US-OL13022
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Description

This office lease form describes a tenant's self-help right dealing with its inability to utilize the premises due to a failure of an essential service or the failure of the landlord to comply with the laws, to maintain the building or to provide a service.

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FAQ

A Motion to Stay (Delay) Order for Summary Eviction allows the tenant to ask the court to "stay" (pause) a summary eviction and grant the tenant up to ten more days to move. (NRS 70.010(2); JCRCP 110.) A tenant can file a motion to stay at any time after an eviction notice is served. (JCRCP 110.)

For a complete list, see Iowa Code section 562A. 15(1). A landlord also has a duty to keep common areas of the premises in a ?clean and safe condition.? However, the landlord is not liable if you are injured by materials that other tenants have left in the common area.

Talk to Your Landlord An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.

Iowa Eviction Timeline Notice Received by TenantsAverage TimelineIssuing an Official Notice3 days-30 daysIssuance and Service of Summons and Complaint3 days before the hearingCourt Hearing and Judgment + Issuance of Writ of Execution8-15 daysReturn of Rental Property3 days

What Are Tenants' Rights and Responsibilities in Iowa? An Iowa tenant has the legal right to request a habitable unit to live in, make a written notice for repairs, and have due process before an eviction. If the landlord fails to comply with these terms, the tenant can seek legal help.

How Long Does an Eviction Stay on Your Record? An eviction itself doesn't appear on your credit report. However, any unpaid rent and fees could be sent to collections and remain on your credit report for seven years from the original delinquency date.

To apply for help from Iowa Legal Aid:call 800-532-1275. Iowans age 60 and over, call 800-992-8161 or apply online at iowalegalaid.org. If Iowa Legal Aid cannot help, look for an attorney on ?Find A Lawyer? on the Iowa State Bar Association website iowabar.org.

Thirty-day notice to quit: You will receive this notice if you have a month-to-month lease or rental agreement that your landlord wants to end. Under this notice, you will have 30 days to move out of the rental unit (see Iowa Code Ann. § 562A. 34).

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Iowa Tenant Self-Help Right