This might be a better source that is provided by the state government.
Breaking a Lease in Iowa Question
- Thread starter Rabbuk
- Start date
Double check but I think they can hold money for costs to fill the apartment, like advertising and new contract fees, since they didn’t expect to incur those expenses until your lease was finished.
I am a landlord. If this was me I would prorate it, and return the deposit minus any expenses that it took to fill the vacancy, as well as damage, etc.
anytime anyone tries to get out of a lease I always tell people that I will do everything I can to fill the vacancy, but they are responsible for rent until it’s filled.
anytime anyone tries to get out of a lease I always tell people that I will do everything I can to fill the vacancy, but they are responsible for rent until it’s filled.
Your damage deposit is just that- to cover any damages to the home. It is treated completely separate from the issue of breaking the lease.
As correctly pointed out by another poster, you and the LL should have done a walk through when you moved out, and your deposit returned to you minus any physical damages to the house you caused.
On a side note- good on you: it’s rare for folks to continue paying rent after breaking a lease. I’ve been a LL for 20 years in Texas and almost nobody does that. When people break the lease, I get the property spritzed up and re-rented and my damages (beyond aggravation and paying my handyman)are usually minimal. The fact you continued paying speaks highly of your character- you’re a good dude.
As correctly pointed out by another poster, you and the LL should have done a walk through when you moved out, and your deposit returned to you minus any physical damages to the house you caused.
On a side note- good on you: it’s rare for folks to continue paying rent after breaking a lease. I’ve been a LL for 20 years in Texas and almost nobody does that. When people break the lease, I get the property spritzed up and re-rented and my damages (beyond aggravation and paying my handyman)are usually minimal. The fact you continued paying speaks highly of your character- you’re a good dude.
Update on this:
Sent me a check for security deposit - a 25 dollar late fee that was unsigned on their end. I contact them and say "yo I don't want to be on the hook for bank fees when this check bounces due to it not being signed" They tell me to send it back voided and they'd reissue. They then send me a signed check for security deposit- a 250 dollar cleaning fee(that wasn't on the original paperwork they sent)- a 25 dollar late fee. Completely no mention of my prorated rent, despite it being a focal point of all my correspondences thus far. Might be time for scorched earth.
Sent me a check for security deposit - a 25 dollar late fee that was unsigned on their end. I contact them and say "yo I don't want to be on the hook for bank fees when this check bounces due to it not being signed" They tell me to send it back voided and they'd reissue. They then send me a signed check for security deposit- a 250 dollar cleaning fee(that wasn't on the original paperwork they sent)- a 25 dollar late fee. Completely no mention of my prorated rent, despite it being a focal point of all my correspondences thus far. Might be time for scorched earth.
Have your Attorney send them a letter. They owe you the prorated rent. Push comes to shove you win. They’re bluffing.
I'm not your lawyer. Iowa Code 562A.29(3) might be worth a look here. If you abandoned the unit (more on that later), and the new tenancy begins in a month that you have already paid in full, you should receive back the prorated portion of the rent that the new tenant is responsible for. The landlord doesn't get to double dip. So if you paid for March in full on 3/1, because your lease originally encompassed all of March, and then a new tenant moved in on 3/12, you are responsible for 11/31 (35.48%) of the rent and the landlord should write you a check for 20/31 (64.52%) of it.
It still might be worth talking to an attorney if you did not legally abandon the unit. "Abandonment" is a legal term and even if you told them that you were gonna move out, it is possible you may not have checked the legal boxes for this to be triggered. If you are paying the rent each month on time in accordance with your lease, the course of conduct between you and the landlord could be crucial to determine if you actually "abandoned" and gave rise to the landlord having the right to re-lease the property to someone else. If the landlord did not handle this properly, they might now be leasing the same property to two different people (including you) and that is what is called a legal no-no.
The easiest thing is probably to fire off a response requesting an $X refund based on the math above, maybe drop a cite to that Code chapter, and if that doesn't work then talk to an attorney. But again this is not legal advice and I'm not your lawyer.
It still might be worth talking to an attorney if you did not legally abandon the unit. "Abandonment" is a legal term and even if you told them that you were gonna move out, it is possible you may not have checked the legal boxes for this to be triggered. If you are paying the rent each month on time in accordance with your lease, the course of conduct between you and the landlord could be crucial to determine if you actually "abandoned" and gave rise to the landlord having the right to re-lease the property to someone else. If the landlord did not handle this properly, they might now be leasing the same property to two different people (including you) and that is what is called a legal no-no.
The easiest thing is probably to fire off a response requesting an $X refund based on the math above, maybe drop a cite to that Code chapter, and if that doesn't work then talk to an attorney. But again this is not legal advice and I'm not your lawyer.
Agreed, most people probably just move on and complain about the landlord. If it isn’t about the money and you just don’t want them to get away with it, get an attorney. However, an attorney may cost more than what you’ll potentially win.
The landlord's offer to the new tenant may have been "I'll give you 20 days in March rent-free if you start paying full rent on April 1." That's a good deal for the tenant, a good deal for you (since you don't have to pay rent beyond March), and good for the landlord that they essentially collect all their anticipated rent. Something to consider before you go scorched earth over 20 days of rent.
Something to consider later: Businesses of any kind do not like negative reviews. (I think the rule of thumb is it takes 7 positives to undo 1 negative)
File with the Better Business Bureau
Give factual reviews everywhere possible
File with the Better Business Bureau
Give factual reviews everywhere possible
