In this video, our Polk County HOA attorneys explain how a lease agreement obligates you, the tenant, and the landlord typically for a set period of time. Most often for residential leases, it is a year. Under most residential lease agreements, a landlord can’t raise the rent or change terms until the lease period ends, unless otherwise provided for in the lease.  A landlord can’t force you to move prior to your lease ending unless you violate your lease terms in some way or fail to pay rent. In that case, the landlord can follow the Iowa legal procedures to evict you. There are a number of exceptions under Iowa law to the general rule that tenants owe the rent payments for the entire term of a lease. These exceptions may allow you to legally move out and stop paying rent prior to the lease term ending.

In this video, our Polk County HOA attorneys explain how withholding rent is a potential remedy, it is not recommended. As previously noted, failing to pay rent because your landlord doesn’t make repairs to your residence is dangerous and risky. The landlord may evict you, leaving you homeless. While you can take the case to court, you do not know whether a judge will agree that the problem with the residence was so bad that you had the right to withhold rent. However, it is illegal for a landlord to refuse to make necessary repairs or to shut off utilities because a tenant is simply behind on rent. Under the Iowa Landlord Tenant act, tenants can do a number of different things when repairs are necessary to keep the property safe and in habitable condition. Some remedies may not be an option for tenants who cannot afford to do repairs or aren’t able to find other housing options. Some steps a tenant may take when a landlord fails to make repairs include:

• Making repairs yourself then deducting the cost from rent
• Ending the lease and moving out
• Call the housing inspector to make a complaint.

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