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If the landlord fails to perform some important duty under the rental agreement, or doesn't perform one of the duties affecting health and safety, the tenant may take the following action:
1.Deliver a written notice to the landlord stating the exact problem and stating that the rental agreement will end in 7 days from when the landlord receives the notice, unless the landlord attempts to take care of the problem within seven days. If the landlord cures the problem within the seven days, the rental agreement continues as it was and if the problem is not fixed and the rental agreement ends, the tenant must leave on the stated date of termination. The landlord than has to return all prepaid rent and the security deposit.
2. If a tenant goes through this process and the landlord fixes the problem in time, but the same problem arises within 6 months, the tenant may end the rental agreement by giving the landlord written notice of the problem and stating the date of termination, which must be seven or more days away. In this situation the landlord does not have to be given another chance to cure the problem. This procedure can only be used if the landlord has failed to make reasonable efforts to keep the problem from reoccurring again.
3. A tenant may also sue for money damages for the landlord's failure to perform the landlord's duties and may seek a court order to force the landlord to remedy the situation. The landlord does have a defense against this type of lawsuit if they can show that every reasonable effort was made to correct the problem and the landlord's failure to correct the problem was for reasons beyond his/her control. The tenant can also force the landlord to pay the fees of his/her attorney if he/she can show the landlord's failure to perform the duties was willful.
Click HERE for a Sample Letter Regarding the Seven Day ProcedureIf your landlord needs to enter your rental unit, there are proper procedures your landlord must follow:
If you feel the conditions of the rental unit may be in violation of housing, health, or safety codes, you have the option to follow these steps:
1.Contact the Landlord FIRST
2.Call the Housing Inspector, if necessary
Note: Except as provided by the Uniform Residential Landlord and Tenant Act (URLTA), a landlord may not retaliate by increasing rent, bringing or threatening to bring an action for possession, or decreasing services after the tenant has complained to housing officials, health officials, or the landlord [URLTA 562.36(1)(a)].
(Heat, Hot and Cold Running Water, Electricity)
When a landlord fails to provide an essential service, the tenant has the option to give the landlord a written notice stating what the problem is, and then the tenant may do one of the following:
1. Get the essential service working again and deduct the costs from rent (See: Repair and Deduct)
2. Obtain the essential service from other sources and sue the landlord in small claims court to recover those costs/damages based on the fact that the apartment or home was not worth the full amount of the regular rent during that time or sue for money already paid as rent for the period of the time the landlord did not provide the essential service.
3. Terminate the rental agreement if the problem is not fixed within 7 days (See: 7 Day Procedure)
Click HERE for a Sample LetterA tenant may do what is called a repair and deduct. In this case a tenant can fix a problem, if it in fact the landlord's responsibility to fix it and hasn't, and then deduct the cost of that from the next month's rent. The tenant has the option, according to the Code of Iowa, to follow these steps:
1. Write a letter to your landlord, stating what the problem is, and inform the landlord that if the problem is not fixed within the next 7 days, you intend on taking the necessary steps to get the problem fixed yourself and then deduct the cost of that from your next month's rent. The landlord must receive this letter at least 7 days prior to the due day of your rent in which you are deducting the costs from.
Click HERE for a Sample Letter2. Have the problem fixed. The cost of correcting the problem cannot be more than one month's rent, and should be done by a professional. If a tenant decides to fix the problem himself/herself, keep track of all costs, save receipts, and you must do a sufficient, reasonable job at repairing the problem.
(If your housing is not ready when you are suppose to move in…)
If the landlord does not make the house or apartment fully available to you in proper condition at the agreed time, no rent is due until the place is in the proper condition. A tenant has the option to do the following things:
1. Give the landlord a written notice saying the rental agreement will end in five or more days (number is up to you). When this amount of days has passed, the landlord must return any rent or security deposit which was paid in advance by the tenant; OR
2. Demand the landlord take whatever steps are necessary to make the house or apartment fit for move in conditions. A tenant in this situation may go to court to evict whoever is still in possession of the place to be rented, and can sue for the losses the tenant has suffered in the process.
If the landlord fails to have the house or apartment ready to move into at the agreed time on purpose, the tenant can take the landlord to court and make him/her pay for whatever inconvenience the tenant has suffered. The landlord can also be ordered by the judge to pay for the tenant's lawyer.
Click HERE for Failure to Deliver Sample LetterHaving a good relationship with your roommate is probably the most important part of a rental experience. If you are living alone, this won't apply to you. However, most students live with roommates and it can be fun (and save you money) if you find the right person and agree to the right conditions.
Sometimes, however, even the most compatible roommates have conflicts that can lead to major problems in the payment of rent, management of the damage deposit, and other issues. This is why it is a good idea to think about creating a rental agreement between you and your roommate(s).
The purpose of a rental agreement is to set up guidelines, at the beginning of a lease, which determine the responsibilities of all roommates to ensure a living situation acceptable to each tenant. Confusion is kept to a minimum if tenants understand their individual responsibilities. It is best if all roommates have signed and dated copies of the agreement to avoid problems.
Some of the guidelines that might be included in a roommate agreement are an agreed value which each tenant is responsible to pay for rent, phone bills, security deposit, utility bills, and repairs for any damage to the property.
Financial agreements are not the only topic that a roommate agreement can cover. Household duties such as garbage removal, dishes, and bathroom maintenance can be delegated in this manner. Other guidelines may include subleasing, assignment, abandonment, and guest policies.
If problems arise later in the year, the roommate agreement can be used to help resolve disputes. Not only is an agreement useful in resolving problems, but it may be a suitable defense in the event that paying roommates are sued for another tenant's non-payment of rent.
Click HERE for a Sample Roommate Agreement© The University of Iowa 2008. All rights reserved. | Contact Us | Building Directory
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