Breaking a Lease in Iowa Question

[Rabbuk]

Kind of a specific question I can't find a good answer to on the internet, hoping either someone who is a landlord or has been in the situation can help me out:

Moved out of state and broke my lease early, per Iowa law I have continued to pay rent while Land lord is searching for a new tenant. I am paid up through March currently, and landlord has filled the unit in the last few days my question is 2 things:

Am I entitled to a prorated portion of March rent back, as landlord is now being double paid for days 10-31 of March. (me + new tenants prorated rent)

Am I entitled to my security deposit back under Iowa law as I am not behind on rent? Less any itemized damage they send me in writing.

Thanks in advance.

 

[Nelcyn]

So your last day is 3-9 at midnight? And the new tenant is moving in 3-10?

 

[Rabbuk]

So your last day is 3-9 at midnight? And the new tenant is moving in 3-10?

Well I've been out and paying for it to sit vacant for the past ~2.25 months. But im paid through March currently.

 

[Die4Cy]

I think you should be entitled to a prorated return of the rent you paid if he is being paid rent by someone else for the same space. And the security deposit stuff is pretty clear in this case, you should get that back.

 

[Nelcyn]

When does the new tenant move in?

 

[Rabbuk]

When does the new tenant move in?

I have to find that out for sure. I wanted to have some sort of verification of what I should be asking for before I called.

 

[CyCrazy]

If he is a good landlord he would prorate it and give your security deposit back. If he/she is a **** good luck.

 

[Rabbuk]

If he is a good landlord he would prorate it and give your security deposit back. If he/she is a **** good luck.

It's a corporate slum lord type operation that bought out my nice family run operation's properties. Kind of pushed me to make a move sooner than later. I'm kind of assuming they'll do what the law requires and I am totally willing to fly back to Cedar Rapids and make their life miserable at a personal loss to myself.

 

[Nelcyn]

Let's say the tenant moves in officially 3-11. Then you should be able to get rent back from 3-12 to 3-31. I believe you determine your pay back when the new tenant contractually starts (sometime in March). If the new tenant starts 4-1 then you might be out of luck. For the deposit, yes you should get that back as long as you didn't destroy the place. If the landlord takes deposit out there is a specific amount of time the landlord has to tell you in writing with invoices otherwise you can sue to get that deposit amount back from the landlord.

 

[Rabbuk]

Let's say the tenant moves in officially 3-11. Then you should be able to get rent back from 3-12 to 3-31. I believe you determine your pay back when the new tenant contractually starts (sometime in March). If the new tenant starts 4-1 then you might be out of luck. For the deposit, yes you should get that back as long as you didn't destroy the place. If the landlord takes deposit out there is a specific amount of time the landlord needs to tell you in writing with invoices otherwise you can sue to get that deposit amount back from the landlord.

Ok perfect, this is the info and kind of confirms what I thought to be the case. Are they required to tell me when the new tenant moves in?

 

[Pat]

It's a corporate slum lord type operation that bought out my nice family run operation's properties. Kind of pushed me to make a move sooner than later. I'm kind of assuming they'll do what the law requires and I am totally willing to fly back to Cedar Rapids and make their life miserable at a personal loss to myself.

If it comes down to it, I’d pay a lawyer to send something on company letterhead first. That will generally get things moving.

 

[Nelcyn]

Ok perfect, this is the info and kind of confirms what I thought to be the case. Are they required to tell me when the new tenant moves in?

That I am not sure. I would think you would have a right to know that. It really depends on your relationship with the landlord. You could call and try to get the details of this. Worst case they say no, which would be pretty crappy because you sound like an honest person especially if you are paying for a vacant spot.

 

[alarson]

Kind of a specific question I can't find a good answer to on the internet, hoping either someone who is a landlord or has been in the situation can help me out:

Moved out of state and broke my lease early, per Iowa law I have continued to pay rent while Land lord is searching for a new tenant. I am paid up through March currently, and landlord has filled the unit in the last few days my question is 2 things:

Am I entitled to a prorated portion of March rent back, as landlord is now being double paid for days 10-31 of March. (me + new tenants prorated rent)

Am I entitled to my security deposit back under Iowa law as I am not behind on rent? Less any itemized damage they send me in writing.

Thanks in advance.

You would be entitled your security deposit for sure, minus any damages as per normal.

When you break a lease, you only owe what the landlord was not able to make up in new rental income for the term of the lease. (For example, if the landlord re-leased it for below what you were signed for, you'd still owe the difference for those months). So, in theory, the rent should be effectively pro-rated because the landlord is receiving that income from the new tenant.

Of course, a lawyer will really eat into whatever you could get out of this prorated payment.

 

[Nelcyn]

Typically when you move out you do a walk through and hand over the keys with your new mailing address. You now have a right to know when you can expect your security deposit. You could start the conversation out that way and then ask about pro rated amount and find out when the new tenant moves in.

 

[Nelcyn]

It doesn't sound like you need a lawyer. You could do this all on your own in small claims if you really needed. Small claims is a civil court with less than $5000 claim.

 

[Rabbuk]

Typically when you move out you do a walk through and hand over the keys with your new mailing address. You now have a right to know when you can expect your security deposit. You could start the conversation out that way and then ask about pro rated amount and find out when the new tenant moves in.

Yeah it should be 30 days on the security deposit per Iowa law. I'm at least going to get the clock started on that tomorrow. Thanks gentlepeople in the thread.

 

[SCNCY]

Have you tried reading your lease, if it’s a bigger operation, they probably have language that explains what happens if you were to break it. For example, you may only owe two months worth of rent upon returning the keys. Or you may owe for the reminder of the lease. Try reading the lease.

Now, when I had a rental property, just a single family home, I wrote in my lease that the rennet was responsible up until I found a new rennet. Which to me is the right way to do it. Some places may charge additional on top of that due to the cost a property managements charges for signing a new lease, which can be anywhere from 50%-80% of one months rent

 

[CyCrazy]

It's a corporate slum lord type operation that bought out my nice family run operation's properties. Kind of pushed me to make a move sooner than later. I'm kind of assuming they'll do what the law requires and I am totally willing to fly back to Cedar Rapids and make their life miserable at a personal loss to myself.

I can respect that determination.

 

[Rabbuk]

Have you tried reading your lease, if it’s a bigger operation, they probably have language that explains what happens if you were to break it. For example, you may only owe two months worth of rent upon returning the keys. Or you may owe for the reminder of the lease. Try reading the lease.

Now, when I had a rental property, just a single family home, I wrote in my lease that the rennet was responsible up until I found a new rennet. Which to me is the right way to do it. Some places may charge additional on top of that due to the cost a property managements charges for signing a new lease, which can be anywhere from 50%-80% of one months rent

So the controlling lease document should be the lease I signed with the Ma and Pop operation, which had no specific terms for early exit.

 

[SCNCY]

So the controlling lease document should be the lease I signed with the Ma and Pop operation, which had no specific terms for early exit.

Yeah, so that lease is still in effect as the lease follows the transfer of property. In that case, since your lease is silent, you’d have to try and find the Iowa law that covers broken leases.

Here is an article I found. There is a section about a landlords responsibility in finding a new rennet that cites Iowa code, including the actual number.

Tenant's Right to Break a Rental Lease in Iowa

Learn when and how tenants may legally break a lease in Iowa and how to limit liability for rent through the end of the lease term.

www.nolo.com