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Moving In
Move In DayMoving Out
Renter's InsuranceThere are several steps you can take on move-in day to reduce problems later on during the term of your rental. Move-in day is the best day to complete these things so that they are done, and the proper information is kept filed until your damage deposit is returned.
Suggested precautions to take on move-in day:
1. Before moving in, take note of the condition of the dwelling. If there are serious problems, you should document them in writing and with photographs, and notify your landlord immediately.
2. Your landlord should supply you with a form for you to fill out, documenting any damage and repairs that may be needed in the dwelling. Make sure you are thorough in filling this out, because if you miss something, you may be charged for it later when you move out. Keep a close eye on carpet damage, nail and push-pin holes in the walls, scratches on doors, and general condition of the dwelling. There is a sample inspection checklist available.
3. If the dwelling has major problems and does not meet your expectations, you may want to hold off on moving in if possible (see instructions below)
After you've signed the lease and paid your deposit, you are ready to begin thinking about moving into your new home. On the day of the move-in, you have a right to expect your new home to be in an orderly state - or in a state that you and your landlord have agreed on. If your dwelling is not completely available to you, and also in the proper condition (i.e. clean and in working order), you have a few options.
Renters Insurance is an essential component to the life of a tenant. It doesn’t cost much, around $10 a month and is well worth it. Policies can provide protection for your personal property against fire, theft, and vandalism. It also protects you against liability claims. Policies vary to fit each specific need you have in your particular situation. When you rent you make a big investment in furniture, electronic equipment, personal belongings and all the other things that help make your apartment or your house a home. It makes sense to protect your property with insurance you can count on. Contact the yellow pages or your personal insurance agent for additional information. Don’t be caught off guard when you don’t need to be!
-Courtesy State Farm, via Richard Trimble
If you need to move out of your home before the end of your lease, or if you need to move out for several months in the middle of your lease, you might consider subleasing your apartment.
Subleasing is renting your place to another person for a period of time within your lease. Your right to sublease is governed by your lease. Get your landlord's written permission before you sublease. In addition, sometimes a landlord may charge a fee for subleasing. It is also advisable to have a written agreement covering the sublease.
It is important to remember that when you sublease, your obligations under your original lease are not terminated. If the person to whom you sublease fails to pay the rent, or damages the unit, your landlord may hold you liable. If you do not plan to return to the unit, you might consider using an apartment agreement, which releases you from the responsibility of the original lease. In either case, the approval of the landlord is required. Additionally, the current roommate should approve of the new tenant.
Both sublease and assignment create legal relationships and you may therefore require the advice of an attorney.
Rental Deposits
Definition Chapter 562A.6(11), 1993 Code of Iowa A deposit of money collected by the landlord to pay for unpaid rent, damage by the tenant, or other costs required to secure performance of the rental agreement. This is not the same as an advance payment of rent.
Amount Charged Chapter 562A.12(2) Rental deposit cannot exceed 2 months rent.
Handling of Deposit Chapter 562A.12(2)
The deposit is to be kept in an account as described:
1. Federally insured.
2. Separate from the landlord's personal account.
3. May be interest bearing (any interest after 5 years belongs to the tenant).
Getting Your Deposit Back
1. Get a receipt for the deposit.
2. Fill out an inspection checklist at the start of the rental agreement and check it at the end.
3. Tell the landlord about damages that occur during occupancy.
4. Give proper notice before moving out.
5. Return the place to its original condition. Ordinary wear and tear is acceptable.
6. Get pictures and/or witnesses of the condition of the dwelling before moving out (and moving in).
7. Return all keys and give the landlord a mailing address or delivery instructions.
Time Allowed For Landlord to Return Deposit
562A.12 (3 and 4)
The landlord must return the deposit, or give the tenant a written statement of deductions, within 30 days of termination of tenancy and receipt of delivery instructions / mailing address. Otherwise, the landlord forfeits all rights to deposit.
Reasons for Landlord to Keep Deposit
562A.12 (3)
1. No mailing address provided by tenant within one year of lease end.
2. Unpaid rent or other payments owed by tenant under rental agreement.
3. Repairs (ordinary wear and tear excluded).
4. To recover expenses of removing a tenant who remained in the dwelling after proper notices to leave (as a result of tenant not following rental agreement) were delivered.
NOTE: The landlord has the burden of proving the reason for deducting money from the deposit. However, tenant should be prepared to give evidence of the contrary.
Landlord Keeps Deposit Without Notification
562A.12 (7 and 8) First, send a letter to the landlord asking for the deposit to be returned. Keep a signed and dated copy. If there is no response, talk to a lawyer. The bad faith reention of a deposit by a landlord, or any portion of the rental deposit, in violation of this section shall subject the landlord to punitive damages not exceeding two-hundred dollars in addition to actual damages.
NOTE: The prevailing party in any court action may be awarded attorney fees.
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