Iowa Addressing Holdover Tenancy in a Lease

State:
Multi-State
Control #:
US-OL24031
Format:
Word; 
PDF
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Description

This office lease form states that if the tenant, without the written consent of Landlord, holds over after the expiration of the term of the lease, and if the landlord does not proceed to remove the tenant from the demised premises in the manner permitted by law, the tenancy will be deemed a month-to-month tenancy.

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FAQ

Key Takeaways. A holdover tenant is a tenant who continues to pay rent, even after the lease has expired. The landlord must also agree, or else eviction proceedings may occur. Holdover tenancy exists in a gray area between a full rental contract and trespassing.

Iowa Code chapter 562A requires certain notices before terminating a lease. Iowa Code section 648.3 then requires an additional ?notice to quit? (in most cases) before bringing an eviction action under Iowa Code chapter 648. For more information on evictions in Iowa, visit the Iowa Legal Aid website.

Permitted Times: Landlords in Iowa may only enter at reasonable times (Iowa Code § 562A. 19(3)). Emergency Entry: In case of an emergency, the landlord may enter without prior notice or consent (Iowa Code § 562A. 19(2)).

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.

Tenancy at sufferance refers to holdover tenants of an expired lease who no longer have the landlord's permission to remain in the property, but who have not yet been evicted. The term sufferance means the absence of objection without genuine approval.

Landlords in Iowa must supply running water, air conditioning, electrical plumbing, sanitary, heating, and any other essential utilities required. If there are any damages that exceed normal wear and tear, tenant rights allow them to send a written notice for repair, which is usually seven days.

The landlord shall: (1) Comply with the requirements of applicable building and housing codes materially affecting health and safety. (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. (3) Keep all common areas of the premises in a clean and safe condition.

Rent increases may not be instated any sooner than the expiration date of the original lease, renewal, or extension (Iowa Code § 562A. 13(5)). Late Fees: $12 per day if rent is less than $700 per month; $20 per day if rent exceeds $700 per month (Iowa Code § 562A.

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Iowa Addressing Holdover Tenancy in a Lease